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HomeMy WebLinkAboutHomeland Security Grant Fact SheetHo M ELAN o r r" u #r1i URXtfi + Military Department PROGRAM AGREEMENT FACE SHEET 3. Grant Agreement Number: E26-350 2. Grant Agreement Amount: $31,183 1. Subrecipient Name and Address: Klttltas, Gounty of Sherlffs Office 307 West Umptanum Road Ellensburs, WA 98926-6720 6. Grant Agreement End Date: July 31, 2028 5. GrantAgreement Start Date: September 1,2025 4. SubreclpientContact, phone/email: Darren Hlgashlyama ' 509'933'8206 darren,higashlyama@co.klttltas.wa.us 12. 113012026 # I &#: 10. Fundlng AuthoritY: Date: u.s. 13. Assistance l-istlngs 97.A87 - 25HSGP Deborah Henderson, 253 -512-7 47 0 Department mail: EMW'2025-SS-05030 Federal Fundlng 8. Unlque Entlty ldentlfler (UEl); wQ23XPBSAU44 16. EtN 91.6001349 15. Program lndex# & OBJ/SUB-OBJ: 763S8, 753SC, 753SH, 7538L, 753SQ, 753S2 / NZ 14. Total FederalAward Amount: $19.631.821.00 Womon/Minorlty-Owned, State Certifled: XN/A trNO D YES, OMWBE 19.18. Servlce Area by CountY(ies): Klttitas 17. Servlce Dlstricts: BY LEGISLATIVE DISTRICTS: 13 coNGRESSIONAL DISTRICTS: 8BY 20. Agreement Classiflcation tr Personal Services tr Cllent Services X Publlc/Local Gov't tr Research/Development tr A/E D 21. Contract Type (cheok all that tr Private Organizatlon/lndividual El Public Organizatlon/Jurisdlction 23. Subreci Type (check all that aPPIY) ! CONTRACTOR tr SUBRECIPIENT tr OTHER tr Grant[] Contract I Agreement 39.34trl il For-Profit E Non-Profit 22. Subrecipient Selectlon Process: I "To allwho apply & quallfy" tr Competitive Bidding tr Sole Source tr A/E RCW n N/A n Flled w/OFM? tr Advertlsed? n YES tr NO 24. of Plan (Aftachments D-l all other dooumente partles and govern thls Agreement shall accept &Terme Condltlons D- andand the andrights be todeemed EMW-2025€S-05030 ('rthe Granf ')' funds to the $ubreclplent pursuant admlnls.tratlon.and.. managemont No.for GrantLetterAward Federalof awardsubatnrard fundsof order: l. Appllcable Federal and State Statutes and Regulatlons 2, DHS/FEMA Award and program documents ngshall be resolved by glvlng precedence ln theln the event of an lnconslstency ln thls Agreement, unless otheruvlse provlded herein, the lnconslstenoy reference.6. Other of theand 4. Speclal Terms and Gondltlons 6. General Terms and Conditlons, and' 3. Work Slgnature Seth Nickerson, Chief Flnanclal Officer Washlngton Military DePartment BOILERPLATE APPROVED TO FORM: Davld Mercha nl 1 0 l3'l 12025 Assistant AttorneY General day and year lastexecuted thisthe parties on FOR Date Clay Myers, Sheriff Klttitas County Sheriffs Office APPROVED AS TO FORM (if appllcable): below, ENT;'* * DHS-FEMA-HSGP.SHSP.FY25 Page 1 of55 Kittitas County, E26'350 AttachmentA SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall bei made by written notification to the current key personnel. SUBRECIPIENT DEP ARTICLE II. ADMINISTRATIVE ANDIOR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 25HSGP program, including, but not limited to, all criteria, restrictions, and requirements of "Ihe Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2025 Homeland SecurtIy Grant Program" (hereafter "the NOFO"), the PreparedneSs Granfs Manual FM 207-23-A0M August 2025 (hereafter "the Man[al"), the DHS Award Letter for the Grant, and the federal regulatlons commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment G. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the state of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federalfunds, or if federalfunds are not appropriated or,in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1, SUBAWARDS & CONTRACTS BY SUBRECIPIENTS a. The Subrecipient must make a case-by-case determination whether each agreement it makes for the disbursernent of 2SHSGP funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.331. b. lf the Subrecipient becomes a pass-through entity by making a subaward to a subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass- through entities of 2SHSGP funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient(s) to comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicabl6to the 25HSGP Program, including, but not limited to, allcriteria, restrictions, and requirements of the NOFO, the Manual, the DHS Award Letter for the Grant in Attachment C, and the federal re$ulations commonly applicable to DHS/FEMA grants. Darren Hisashivama Name Deborah HendersonName Proqram GoordinatorTitleChief Deputv Title Email deborah. hen derson@mil.wa.sovEmaildarren, hlsash iyama@co. kittitas.wa. us Phone 258-612-7470Phone509-933-8206 Name JillBeedle Name GailCram Lead Law Enforcemcnt Clerk Title Program ManagerTitle Email sall,cram@mil.wa.qovEmaili i I l. beedle@co. kittitas.wa. ug Phone 253-612-7472Phone509-962-7662 Name Kyra Garnich Emerqencv Manasement Specialist Name General lnformationTitle Email kvra, qarnic h@co. kittitas.wa. us Email Prepared ness. g rants@mi l.wa. g ovPhone509.859-6960 DHS-FEMA-HSGP.SH SP.FY25 Page 2 of 55 Kittltas County, E26-350 iii. The Subrecipient shall be responsible to the Department for ensuring that all 25HSGP federal award funds provided to its subrecipients are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federalaward set fodh in this Agreement (Attachment C). iv. The Subrecipient must follow their own policies and procedures to eliminate or reduce the impact of conflicts of interest when making subawards, adhering to any applicable federal or state statutes or regulations. Any real or potential conflicts of interest must be reported to the Department in writing upon discovery. 2. BUDGET, REIMBURSEMENT, AND TIMELINE a. Within the total Grant Agreement Amount, travel, subcontracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis upon completion unless othenryise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. c. lf the Subrecipient chooses to include indirect costs within the Budget (Attachment E), additional documentation is required based on the applicable situation. As described in 2 CFR 200.414 and Appendix Vll to 2 CFR 200: i. lf the Subrecipient receives direct funding from any Federal agency(ies), documentation of the rate must be submitted to the Department Key Personnel per the following: A. More than thirty five million dollars ($35,000,000), the approved indirect cost rate agreement negotiated with its federal cognizant agency. B. Less than thirty five million dollars ($35,000,000), the indirect cost proposaldeveloped in accordance with Appendix Vll of 2 CFR 200 requirements. ii. lf the Subrecipient does not receive direct federal funds (i.e., only receives funds as a subrecipient), the Subrecipient must either elect to charge a de minimis rate of fifteen perceni (17o/o) or 15% of modified total direct costs or choose to negotiate a higher rate with the Department. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.475 and should consult their internal policies, state rates set pursuant to RCW43.03.050 and RCW43.03.060 as now existing or amended, and federal maximum rates set forth at https:/lwww.gsa.qov, and follow the most restrictive. lf travel costs exceed set state or federal limits, travel costs shall not be reimbursed without prior written approval by Department Key Personnel. All international travel requires prior FEMA approval. e. Reimbursement requests will include a properly completed State A-19 lnvoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements@mil.wa.qov no later than the due dates listed within the Timeline (Attachment F). Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the DePartment. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements ofthis Agreement and be made available upon request by the Department and auditors. g. The Subrecipient must request g1!9I written approvalfrom Department Key Personnel to waive or extend a due date in the Timeline (Attachment F). Waiving or missing deadlines serves as an indicator for assessing an agency's level of risk of noncompliance with the regulations, requirements, and ths terms and conditions of the Agreement and may increase required monitoring activities. Forwaived or extended reimbursement due dates, all allowable costs should be submifted on the next scheduled reimbursement due date contained in the Timeline. Any DHS-FEMA-HSGp-5HSp-Fy25 page 3 of 55 Kittitas county, E26-350 request for a waiver or extension of a due date in the Timeline must be submitted to the DepartmentKeyPersonnel@oftheduedatetoprovideadequatetimefor Department review and consideration and may be granted ordenied within the Department's sole discretion. h. For SHSP and UASI subrecipients, the total Law Enforcement Terrorism Prevention Activities (LETPA) amount included in the Budget (Attachment E) must be used for eligible LETPA activities following FEMA guidance. i. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within the time period notated in the Timeline (Attachment F) except as othenruise authorized by either (1) written amendment of this Agreement or (2) written notification from the Department t9 lhe Subrecipient to provide . additional time for completion of the Subrecipient's subproject(s), lf funds are not required, the Subrecipient shall notify the Department Key Personnel. j. All costs for equipment and supplies must be ineurred, and received, before the Grant Agreement End Date. k. Failure to submit timely, accurate, and complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline [Attachment FD will plohibit the Subrecipient from being reimbursed untll such reports are submitted and the Department has had reasonable time to conduct its review' L Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. m. For SHSP and UASI funding, deviations from the Budget (Attachment E) are allowed as described below and will require an amendment if the identified threshold is exceeded: i. With Enduring Needs (EN) funding: A. lf there is only one subproject, the Subrecipient is allowed to move funding between solution areas until cumulative transfers exceed ten percent (10%) of the subproject amount. B. lf there are multiple subprojects, the Subrecipient is allowed to move funding between subprojects until cumulative transfers exceed ten percent (10%ol of the subproject amount. ii. With National Priority Area (NPA) funding: A. lf there is only one NPA project, the Subrecipient is allowed to transfer funding between solution areas until cumulative transfers exceed ten percent (10%) of the NPA project amount. B. lf there are multiple projects within one NPA, the Subrecipient is allowed to transfer funding between projects until cumulative transfers exceed ten percent (10%) of the NPA amount. C. To ensure applicable federal requirements are met, funding may not be transferred between projects of different NPAs. iii; Funding cannot be transferred between EN subprojects and NPA projects. n. For OPSG subrecipients, any deviations from the approved direct budget categories will require additionalfederal approvals and possibly a written amendment' o. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds anO witl not use them to replace (supplant) non'federalfunds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that the reduction in n6n-federal resources occurred for reasons otherthan the receipt or expected receipt of federal funds. DHS-FEMA-HSGP.SHSP.FY2s Page 4 of 55 Kittitas County, E26-350 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Attachments D-1, D-2) activities in the format provided bY the DePartment. b. With the final reimbursement request, the Subrecipient shall submit a final report to Reimbursements@mil.wa.qov (in the format provided by the Department) describing all completed activities under this Agreement. c. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMe GuiOance consistent with Public Law 109-282 as amended by section 6ZO2(a)' of public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department an Audit Ceftification/FFATA Form. This form is required to be completed once per calendar year, per Subrecipient, and not per agreement. The Department's Contracts Office will request the Subrecipient submit an updated form at the beginning of each calendar year in which the Subrecipient has an active agreement' d. To document compliance with the National lncident Management System (NIMS)' the Subrecipient shall complete the annual NIMS survey conducted by Washington Emergency Management Division (EMD). 4. NIMS COMPLIANCE a. The National lncident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or cJmplexity. lttlrlts provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the Nationil Preparedness System, a requirement of Presidential policy Directive 8, to guide activities within the public and private sector and describes the planning, organizaiionalactivities, equipping, training, and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. c. ln order to receive federal preparedness funding from the Department, the Subrecipient must ensure and maintain adoption and implementation of NIMS. See Agreement Attachment A, Article ll section 3.d. for associated reporting requirements. The list of objectives used for progress and achievement reporting can be found at https://www.fema.gov/emerqency: manaoers/nims/implementation-trainino. 5. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any subrecipient to which the Subrecipient makes a subaward shall comply with 2 CFR 200.317 through 200.327, and all Washington State procurement statutes, when procuring any equipment oisupplies under this Agreeme_nt, 2 CFR 200.313 for management of equipme-nt , ina ) CFR 200.314 for management of supplies, to include, but not limited to: i. Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized subrecipient to irtricn the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system' iii. lnventory system records shall include: A. Description of the proPertY B. Manufacturer's serial number, model number, or other identification number C. Funding source for the property, including the Federal Award ldentification Number (FAIN) (Face Sheet, Box 11) DHS-FEMA-HSGP-SHSP-FY25 Page 5 of 55 Kittitas County' E26-350 D. Assistance Listings Number (Face Sheet, Box 13) E, Who holds the title F. Acquisition date G. Cost of the property and the percentage of federal participation in the cost H. Location, use and condition of the property at the date the information was reported L Disposition data including the date of disposal and sale price of the property iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the resuits with the property records at least once every two years. nny Oitterences between quantities determined by the physical inspection and those shown in ifre records shall be i;ivestigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. v. The Subrecipient shall be responsible for any and all operational. and maintenance expenses and for the safe operation of the equipment and supplies ineluding.all questions of ' liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well-maintained and kept in good operating condition. A. For SHSP and UASI subrecipients, the Subrecipient is responsible for routine upkeep (i.e. gasoline, tire replacement, routine oil changes, monthly inspections, etc.) and shall not use SHSP or UASI funding for this purpose. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigatedi and a report generated and sent to the Department's Key Personnel. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment viii. lf the subrecipient is authorized or required to sell the property, proper lales procedures_ must be e.stablished and followed to ensure the highest possible return. For disposition, if upon'termination or at the Grant Agreement End Date, when original or replacement slpflies or equipment acquired under a federal award are no longer needed for the original pr.6j'ect or progiam or foi other activities currentlV_ o1 previously supported by a federal iwirCing a'gepcy, the Subrecipient must comply with the following procedures: A. For Supplies: lf there is a residual inventory of unused supplies exceeding ten thousand dollars ($10,000) in total aggregate value upon termination or_completion oJ the project or progr"m and the suppiies ire not needed for any other federal award, tne bubrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate thb'federal government for its share. The amount of compensation must be computed in the same manner as for equipment. B. For Equipment: 1) ltems with a current per-unit fair-market value of ten thousand dollars ($10,0O0) or less may be retained, sold, transferred, or othenrvise disposed of with no further obligation to the federal awarding agency. 2) ltems with a current per-unit fair-market value in excess of ten thousand dollars ($10,000) may be retained or sold. The Subrecipient shall compensate the federal iw"iOing agehcy in accordance with the requirements of 2 CFR 200.313 (e) (2). C. Notify Department Key Personnel to initiate the disposition process by the federal awarding agency. ix, Rebords for equipment shall be retained by the Subrecipient for a period of six (6) yeals from the date of the disposition, reptacement, or transfer. lf any litigation, claim, or audit is DHs-FEMA-Hscp-sHsp-Fy2b Page 6 of 55 Kittitas county, E26-350 started before the expiration of the six-year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. c. Allowable equipment categories for the grant program are listed on the Authorized Equipment List (AEL) located on the FEMA website at https://www.fema.gov/qrants/ggidangq-tgols/authori4ed- gquipment-list. lt is important that the Subrecipient and any subrecipient to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program; the AEL includes items that may not be categorized as eqr"ripment according to the fecleral, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. lf the item is not identified on the AEL as allowable under the grant program, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Equipment might require more than one waiver. The Subrecipient must contact the Department Key Personneifor assistance in identifying what waivers are needed for FEMA approval prior to acquisition. e. Equipment purchases (those with a current per-unit fair market value in excess of ten thousand dollars ($10,000) must be identified and explained to the Department. Use, management, and disposition of such equipment is subject to requirements outlined in 2 CFR 200.313. Before making such purchases, the Subrecipient should analyze the cost benefits of purchasing versus leasing equipment, especially high-cost items and those subject to rapid technical advances. f. Unless expressly provided othenvise, all equipment must meet all mandatory regulatory state and DHS/FEMA adopted standards to be eligible for purchase using federal award funds. g. lf funding is allocated to support emergency communications activities, the Subrecipient must ensure that all projects comply with SAFECOM Guidance on Emergency Communications Grants, located at https://www.gisa.qov/safecom/fundinq, including provisions on technical standards that ensure and enhance interoperable communications. h. Effective August 13, 2020, FEMA recipients and subrecipients, as well as their contractors and subcontractors, may not obligate or expend any FEMA award funds to: i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system ii. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system iii. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscat Year 201 I (FY 201 I NDAA), Pub. L. No. 1 1 5-232 (201 8) and 2 CFR 200.21 6, 200.327, 200.471, and Appendix tt to 2CFR200. Recipients and subrecipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the Manual and the NOFO. Per subsections 889(0(2)-(3) of the FY 2019 NDAA, and 2 CFR 2A0.216, covered telecommunications equipment or services means: DHS-FEMA-HSGP-SHSP-FY25 Page 7 of 55 Kittitas County, E26-350 i. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities) ii. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities) iii. Telecommunications or video surveillance services provided by such entities or using such equipment iv. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National lntelligence or the Director of the Federal Bureau of lnvestlgatlon, reasonably belleves to be an entity owned or controlled by, or othenruise connected to, the government of a covered foreign country i. For OPSG subrecipients, items budgeted as equipment in an approved Operations Order should be marked prominently with "Purchased with DHS funds for Operation Stonegarden Use" when practicable. j. The Subrecipient must pass through equipment and supply management requirements that meet- or exceed the requirements outlined above to any subrecipient to which the Subrecipient makes a subaward of federal award funds under this Agreement. 6. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) Program. EHP program information can be found at https://www.fema.qov/grants/quidanCe-tools/environmental-historic all of which are incorporated in and made a part of this Agreement b. projects that have historical impacts or the potential to impact the natural or built environment, inciuding, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; installation of sonar system; or new construction, includingieplacement of facilities, must participate in the DHS/FEMA EHP review process prior to project initiation. Modification of existing buildings, including minimally invasive improvements such is attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed also require a DHS/FEMA EHP review before project initiation. c. The EHp review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. d. The Subrecipient agrees that, to receive any federal preparedness funding, all EHP compliance requirements outlinid in applicable guidance must be met. The EHP review process must be completed and FEMA approval must be received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed 7. PROCUREMENT The Subrecipient shall comply with all procurement requirements of 2 CFR 20A.317 through 200'327 and as specified in the GeneralTerms and Conditions (Attachment B, A.10). a. For all contracts expected to exceed the simplified acquisition threshold, per 2 CFR 200'1, the Subrecipient must notify the Department. The Department may request pre-procurement documents, such as request for proposals, invitations for bids and independent cost estimates. This requirement must'be passed on to any subrecipient to which the Subrecipient makes a DHS-FEMA.HSGP.SHSP.FY2s Page 8 of 55 Kittitas County, E26-350 subaward, at which point the Subrecipient will be responsible for requesting and reviewing pre- procurement documents. b. For all sole source contracts expected to exceed the micro-purchase threshold per 2 CFR200.1, the Subrecipient must submit justification to the Department for review and approval' This requirement must be passed on to any subrecipient to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications to any subrecipient to which Subrecipient makes any award. c. The Subrecipient as well as its contractors and subcontractors must comply with the Build Amerlca, Buy America Act (BABM), which was enacted as a part of the lnfrastructure lnvestment and Jobs nci SS 7ogo1-70297, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future iJ Made in All of America by All of America's Workers. BABAA requires any . infrastructure projeet receiving federalfunding mttst ensttre: i, All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from initial melting stage through the application of coatings, occurred in the United States. ii. All manufactured products must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the compolents of the manufactured product that are mined, produced, or manufactured in the United States must be greater thin 55% of the total cost of all minimum amount of domestic content of manufactured prod uct, unless su bject to'another standard. iii. All construction materials are manufactured in the United States. This means that all manufacturing processes for construction material occurred in the United $tates. Additionally, applicable infrastructure projects are subject to domestic preference requirements. A domestii prbierence does not apply to non-infrastructure spending urder an award that also includes a covered project. A domestic preference applies to an entire infrastructure project, even if it is funded by both federal and non-federal funds under one or more awards. i. Domestic preferences under BABM only apply to articles, materials, and supplies that are consumed'in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the cbnstruction site and removed at or before the completion of the infrastructure project. Nor does a domestic preference apply to equipment and furnishings, such as movable chairs, desks, and portable computor equipment, that are used at or within the finished infrastructure project but are not an integral part of or permanently affixed to the structure. ii. lnfrastructure, for the purposes of BABM, includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways and bridges; pubJic transpo_rtation; dams,'ports, harbors and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure;- and buildings and real property. lnfrastructure includes facilities that generate, transport, and distribute energy. iii. The Subfecipient's contractors and their subcontractors who apply or bid for an award for an infrastruciure project subject to the domestic preference requirement in the BABM shall file a requireO cdrtification to the Subrecipient with each bid or offer for an infrastructure project unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors must certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction haierials used in the project are produced in the United States. BABM, Pub. L. No. 117- Sg, $S 7OgO1-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirement, Such disclosures shall be forwarded to the Subreclpient who will fonuard them to the Department who, in turn, will forward the disclosures to FEMA. DHS-FEMAHSG P.SHSP.FY25 Page 9 of.55 Kittltas County, E26-350 The Build America, Buy America Act Self-Certification form is included herein as Attachment G. lf the Subrecipient is interested in applying for a waiver, the Subrecipient should contact the Department Key Personnel to determine the requirements. All waiver requests must include a deiailed justifiiation for the use of goods, products, or materials mined, produced, or manufactured outside the United States and a certification that there was a good faith effotl to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with potential suppliers. 8, SUBRECIPIENTMONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that subrecipients receiving federal pass- through funde are in comfiliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and reiurn to the Department an Audit Certification/FFATA Form' Reporting requirements are referenced in section 3.d. c. Monitoring activities may include, but are not limited to: i. Review of financial and performance reports ii. Monitoring and documenting the completion of Agreement deliverables iii. Documentation of phone calls, meetings (e.g., agendas, sign-in sheets, meeting minutes), e- mails and corresPondence iv. Review of reimbursement requests and supporting documentation to ensure allowability and consistency w1h Agreement Work Plan (Attachments D-1, D-2, D-3), Budget (Attachment E), and federal requirements v. Observation and documentation of Agreement-related activities, such as exercises, training, events, and equipment demonstrations vi. On-site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables d. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any subrecipient to whiih the Subrecipient makes a subaward as a pass-through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan' 9. LIMITED ENGLISH PROFICIENCY (ClVlL RIGHTS ACT OF 1964 TITLE Vl) a. The Subrecipient must comply with the Title Vl of the Civil Rights Act of 1964 (Title Vl) prohibition against disciimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. FEMA Policv FP-256-23-001 (htips://www.fema.lov/sites/default/files/documents/fema.Egliqv-lanqYase-accqqp.pdfl fUrther invone awarded FEMA {undinq. Providing me.aningful iiprovidinglanguageassistanceservices,includingoral interpretation and written translation. Executive Order 13166, lmproving Access to Services for persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, aJsisting such organizations and entities in understanding their language I.c"r* obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title Vl Prohibition against National Orig Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755'21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the DHS.FEMA-HSGP-SHSP.FY25 Page 10 of55 Kittitas County, E26-350 B extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. b. Subrecipients are encouraged to perform and document their analysis of the most appropriate language assistance services necessary to ensure a LEP individual has meaningful access to the Subrecipient's programs and activities. The analysis should consider: i. The number or proportion of LEP individuals eligible to be served or likely encountered by the program ii. The frequency with which LEP individuals come in contact with the program iii. The nature and importance of the program, activity, or service provided by the program to people's lives iv. The resources available to the program and costs HSGP SPECIFIC REQUIREMENTS The objectives of the HSGP are to (1) build and sustain core capabilities, including Law Enforcement and Terroribm Prevention Activities and the National Priority Areas; (2) address capability gaps ldentified in the Threat and Hazard ldentification and Risk Assessment (THIRA) and Stakeholder Preparedness Review (SPR) process; and (3) implement a comprehensive and coordinated approach to address enduring security needs of communities that includes planning, training and awarenese campaigns, equipment and capital projects, and exercises. 1. The Subrecipient must use HSGP funds only to perform tasks as described in the Work Plan (Attachments D'1 , D-2), as approved by the Department, and in compliance with this Agreement. a. SHSP-funded projects must assist state, local, tribal, and territorialefforts to build, enhance, and sustain the capabilities needed to prevent, prepare for, protect against, and respond to acts of terrorism. Alltasks must have a nexus to terrorism and address capability gaps identified through the Threat Hazard ldentification and Risk Assessment (THlRAystakeholder Preparedness Review (SPR) process. b. UAS|-funded projects must enhance the security and resilience of high-risk urban areas to build, sustain, and improve the capabilities necessary to prevent, prepare for, protect against, and respond to acts of terrorism. Alltasks must have a nexus to terrorism and address capability gaps identified through the THIRA/SPR process. c. OPSG-funded projects must support enhanced cooperation and coordination among Customs and Border Protection, United States Border Patrol, and federal, state, Iocal, tribal, and territorial law enforcement agencies to support joint efforts to secure the United States' borders along routes of ingress/egress to and from international borders, to include travel corridors in states bordering Mexico and Canada, as well as states and territories with internationalwater borders, State, local, tribal, and territorial law enforcement agencies utilize their inherent law enforcement authorities to support the border security mission and do not receive any additional authority by participating in OPSG. d, State agencies, including law enforcement, must comply with RCW 43.17.425 and may not use agency funds (including this grant), facilities, property, equipment, or personnel, to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin, except as provided in RCW 43.17.425 (3). 2. The Budget (Attachment E) may include the following caps and thresholds: a. lf funds. are allotted for Management and Administration (M&A), such expenditures must be related to administration of the grant. The maximum percentage of the Grant Agreement Amount that may be used for M&A costs when allocated under this Agreement shall not exceed five percent (5%) but may be less. DHS-FEMA-HSGP-SHSP-FYz5 Page 11 of55 Kittitas County, E26-350 b. At least thirty percent (35%) of the combined HSGP award allocated under SHSP and UASI must be dedicated to law enforcement terrorism prevention activities (LETPA). To meet this requirement, the Subrecipient has agreed, at a minimum, to meet the LETPA percentage indicated in the Budget. lf the Subrecipient anticipates spending less than the indicated amount, a budget amendment is required. c. The maximum percentage of the Grant Agreement Amount that may be used for personnel expenses under this Agreement is identified in the Budget. lf the Subrecipient anticipates spending more on personnel costs, an amendment is required. Additional approval steps may aiso be required before the personnel percentage can be increased. 3. lf funding is allocated for intelligence analysts, analytical personnel must demonstrate qualifications that meet or exceed competencies identified in the Common Competencies for state, local, and tribal intelligence anelysts, which outlines the minimum categories of training needed for intelligence analyits. All training to ensure baseline proficiency in intelligence analysis and production must be completed within sii (O) months of hiring unless the analyst has previously served as an intelligence analyst for a minimum of two (2) years. Documentation of this requirement must be accessible to the Department Key Personnel as applicable. 4. lf funding is allocated to non-DHS FEMA training, the Subrecipient mr,rqt req.$es! priof written. approvai-from the Department Key Personnel before attending the training. The Department will coordinate approvalwith the State Training Point of Contact. Pursuant to DHS/FEMA Grant programs Directorate lnformation Bulletin No. 432, Review and Approval Requirements for Training Cou-rses Funded Through Preparedness Grants, https:/iwww.fema.qov/sites/defaulVfiles/2020- O4/Treininq Course Review and Approval lB Final 7 19 lS.pdf,thetraining mustfallwithinthe FEMA mission scope anO ne in alignment with the Subrecipient's Emergency Operations Plan. This requirement only applies to training courses and does not include attendance at conferences' Furthermore, ad-ditionalfederal approvals are required for courses that relate to Countering Violent Extremism. S, Except for an elevated National Terrorism Advisory System alert, pflgg written approval is required before SHSp and UASI funds may be used for operational overtime. Requests must be submitted to the Department Key Personnel in advance of the expenditure to ensure all additional approval steps can be met. 6. To gather data for the required FEMA deliverables (i.e., SPR, THIRA), EMD is continuing the pilot of the-three-year County Emergency Preparedness Assessment (CEPA) process with workshops, occurring in a third of ttre 39 iounties each calendar year 2024-2026. All SHSP Subrecipients that have noi completed a CEPA workshop in calendar year 2024 or 2025 must participate in and complete a Cepn workshop located in their county in calendar year 2026 to receive SHSP funding. DHS TERMS AND CONDITIONS As a subrecipient of 2SHSGP funding, the Subrecipient shall comply with all applicable DHS terms and conditions oi tfre 2SHSGP Award Letter and its incorporated documents for the Grant, which are incorporated in and made a part of this Agreement as Attachment C. c. DHS.FEMA.HSGP-SHSP-FY25 Page 12 of55 Kittitas County, E26-350 A,2 Attachment B Washington Mllitary DePartment GENERAL TERMS AND GONDITIONS Department of Homeland Security (DHS[ Federal Emergency Management Agency (FEMA) Grants DEFINITIONS ns useO ttrroughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreemenf' means this Grant Agreement. b. "Departmenf' means the Washington Military Department, as a state agency, any division, seciion, office, unit or other entity of the Department, or any of the offlcers or other offlclals lawfully representing that Department. The Department is a recipient of a federal award directly from a feder.al awarding agency and is the pass-through entity making a subaward to a Subrecipient under this Agreement. c. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted tb ensure compliance with all state and federal laws, rules, regulations, authorities and policies. d. "subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-fedeial entity identified on the Face Sheet of this Agreement that has recelved a subaward from the Department. However, the definition of "subrecipient" is the same as in 2 CFR 200,1 for all other purposes. ADVANCE PAYMENTS PROHIFITED The nepartment itrall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. The Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. AM ENDMENTS ANp MOpIFICATIOIE @rtneoepartmentmayrequest,inwritin9,oflamendmentormodificationofthis Agreement. However, such amendment or modification shall not be binding, take effect or be inlorporated herein until made in writing and signed by the authorized representatives of the Department and ihe Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. The Agreement performance period shall only be extended by (1) written notification of DHS/FEMA approval of the Award performance period, followed up with a mutually agreed written amendment, or (2) written notification from the Department to the Subrecipient to provide additional time for completion of the Subrecipient's project(s). AMERICANS WTH plSABtLtTtES ACT (ADA) OF 1990. PUBLIC LAW 1q1-33S.42 t|l,s-g. 1.4!91 ET srQ. RNO tts lMFtrMerulruc Rrounflous ntso RrreRRro to As Tnr "ADA', ?9 CFn Pprt 35. Except as provided herein, the Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state ind local government services, and telecommunication, lf the ADA does not apply to the Subrecipient because the Subrecipient is a federal recognized lndian Tribe, then the acceptance by the Tribe of, or acquiescence to, these General Terms and Conditions does not change or alter its inapplicability to the lndian Tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordanoe with allthe applicable cunent federal, state and local laws, rules, and regulations. A.1 4.3 4.4 4.5 DHS-FEMA-HSG P-SHSP-FY25 Page 13 of55 Kittitas County, E2A.35O A.6 4,7 A,8 CERTIFICATION REGARDING DEBARMENT. SUSPENSION. OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Ceftification Regarding Debarmenf, Suspension, tnetigibitity, and Voluntary Exclusion form located at http://mil.wa.qoY/emerqencv-manaqement' division/qiants/requiredqrantforms, Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contiactors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered iransactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non-procurement transaction (e.9., grant or cooperative agreement) that are expected to equal or exceed twenty five thousand dollars ($25,000), and subawards tdsubrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (https://sam.gov/SAM4 maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and lndustries' "Debarred Contractor L,sf' (https:/iqecure.lnirrua.oov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not io enter lnto any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' "Vendors Not Attowed to Bid (Debarment)" list (Vendprs Not Allowed to Bid (Debarment) | Department of Enterprise Services (DES)). CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING @RPar118,theSubrecipientherebycertifiesthattothebestofitsknowledgeand belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection withthe awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of bongress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cboperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disc/osure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a material iepresentation of fact upon which reliance was placed when this transaction was made or entered into and is a prerequlsite for making or entering into this transaction imposed by 31 u.s.c. 1352. COMPLIANCE WITH APPLICABLE STATUTES, RULES AND DEPARTMENT POLICIES The SlrbreciFieni anO all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to:-nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title Vl of the Civil Rights Act of 1g64, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 bfR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-HSGP.SHSP-FY25 Page 14 of 55 Kittitas County, E26-350 A.9 A.10 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.274), Provisions in Buildings forAged and Handicapped Persons (RCW 70.92), and safety and health regulations. ln the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. CONTRACTING & PROCUREMENT; The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or subcontractors that are entered into under the original agreement award. The procurement process followed shall be in accordance with 2 CFR Part 200.318, General procurement standards, through 200.327, Contract provisions. As required by Appendix ll to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative; contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. All contracts in excess of ten thousand dollars ($10,000) must address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1,3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity' (30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, 'Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Davis-Bacon Act, as amended (40 U.S.C.3141-3148). When required by Federal program legislation, all prime construction contracts in excess of two thousand dollars ($2,OOO; awarded by non-federal entities must include a provision for compliance with the Davis- Bacon Aot (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction").In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. ln addition, contractors must be required to pay wages not less than once a week. The non- federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination, The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must al'so include a provision for compliance with the Copeland "Anti-KickbacK'Act (40 2) 3) 4l DHS.FEMA.HSGP-SHSP.FY2s Page 15 of55 Kittitas County, E26-350 5) U,S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Subreoipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is othennrise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of one hundred thousand dollars ($100,000) that involve the employment of mechanics or laborers must include a provision ior compliince with 40 U.S.C,'3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or meqhanic must be required to work in suroundings or under working conditions which are unsanitary, hazardous or dangerous, These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Rights to lnventions Made Under a Contract or Agreement. lf the federal award meets the definition of "funding agreement" under 37 CFR 5401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Subrecipient must comply with the requirements of 37 CFR Part 4A1,'Rights ta lnventions Made by Nonprofit Organizations and Small Busrness Firms Under Government Grants, Contracts and Cooperative Agreemenfs," and any implementing regulations issued by the awarding agency. Clean Air Act (42 U,S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U,S.C. 1251-1387), as amended-Contracts and subgrants of amounts in excess of one hundred fifty thousand dollars ($1SO,OOO1 must contain a provision that requires the non- federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution ControlAct as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Debarment and Suspension (Executive Orders 12549 and 12689)-4 contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System forAward Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 tlrat implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension " SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti-Lobbying Amendment (31 U.S.C. 13sz)-Contractors that apply or bid for an award exceeding one hundred thousand dollars ($100,000) must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Gongress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federalfunds that takes place in connection with obtaining any federal award. Such disclosures are fonruarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials - As required by 2 CFR 200.323, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must 6) 7) 8) DHS-FEMA.HSGP.SHSP-FY2s Page 16 of55 Kittitas County, E26-350 comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds ten thousand dollars ($10,000) or the value of the quantity acquired during the preceding fiscal year exceeded ten thousand dollars ($10,000); procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of federal awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 16) Pursuant to Executive Order 13858 "strengthening Buy-Ameriean Preferences for lnfrastructure Projects," and as appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as required in 2 CFR Part 200.322, in every contract, subcontract, purchase order, or sub-award that is chargeable against federalfinancial assistance awards. 17) Per 2 C.F.R. $ 200.216, prohibitions regarding certain telecommunications and video surveillance services or equipment are mandated by section 889 of the John S. McCain National Defense Authorization Act for Fisca:l Year 2019 (FY 2019 NDAA), Pub. L, No. 115' 232 (2018), b. The Department reserves the right to review the Subrecipient's procurement plans and documbnts and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 2AA317 through 200.327. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. c. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference. A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order A.12 DISPUTES Except as othenrvise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved thrcugh discussion and negotiation, either party may request a dispute resolution board to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The board shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient, and a third party mutually agreed upon by both parties. The determination of the dispute resolution board DHS-FEMA-HSGP-SHSP-FY25 Page 17 of 55 Kittitas County, E26-350 A.13 4.14 A.15 A.16 shall be final and binding on the parties hereto. Each party shall bear the cost for its member of the dispute resolution board and its attorney fees and costs and share equally the cost of the third board member. LEGAL RELATIONS ffiagreedthatthisAgreementissolelyforthebenefitofthepartiestotheAgreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Departmeht, the state of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of.any,nature whatsoever 5y reason of the-acts or omissions of the Subrecipient, its subcontractors, subreoipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed by law, the Subrecipient further agrees to defend the Department and the state of Washington and their authorized agents and employees in any litigation; including payment.of any_ costs or attorieys'fees for any claims oiaction commenced thereon arising out of or in connection with acts or activities authorized by this Agreement This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negiigence of the Department; provided, that if the claims or damages are caused by or result from the con[ulrent negligence of (1) the-Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision itrall Ue vilid and enforceable only to the extent of the negligence of the Subrecipient, or the Subrecipient's agents or employees. lnsofar as the funding source, FEMA, is an agency of the Federal government, the following shall apply: 44 CFR 206.9 Non-liability, The Federal government shall not be liable for any claim based upon the ffi,orthefailuretoexerciseorperformadiscretionaryfunctionor.d.utyonthe part of a fed'eral agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. LTMTTATTON OF AUTHORITY - AUTHORIZED -$IGNATURE entthattheyhavetheauthoritytobindtheirrespective organiiations to this Agreembnt. Only the Department's Authorized Signature representative and the Au-thorized Signature rlpresentative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waivl any clause oicondition of this Agreement. Rny alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by"both parties'Authorized Signiture representatives, except as provided for time extensions in Article 4.3. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature althority to sign reimbursement requests, time extension requests, amendment and m6dification requeits, reqrlests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. LOSS OR REDIJCTION OF FUNDING federal,orothersourcesiswithdrawn,reduced,orlimitedinanyway after the effective date of this Agreement and prior to normal completion or end date, the Department may unilaterally reduce the work plan and budget or unilaterally terminate al] ol part of the. Agreement as a ,'iermination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms 6f tnis Agreement under "Amendments and Modifications" to comply with new fundingiimitations and conditions, atthough the Department has no obligation to do so. NONASSIGNABILITY @t,noranyclaimarisingunderthisAgreement,shallbetransferredorassignedby the Subrecipient. DHS-FEMA"HSGP.SHSP.FY2S Page 18 of55 Kittitas County, E26-360 A.17 A.18 A.19 A.20 4.21 4.22 4.23 NONpTSCRIMINATION @ofthisagreement,theSubrecipientshallcomplywithallfederalandstate nondiscrimination statutes and regllations. These requirements include, but are not limited to: a. Nondiscrimination in Employment: The Subrecipient shall not dlscriminate against any employee or applicant for employment because of race, color, sex, sexual orientation, religion, national origin, cieed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical handicap. This requirement does not apply, however, to a religious corporation, association, educational institution or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities. b. The Subrecipient shall take action to ensure that employees are employed and treated during employment without discrimination because of their race, color, sex, sexual orientation religion, national origin, creed, marital status, age, Vietnam era or disabled veteran status, or the presence of any sensory, mental, or physical handicap. Such action shall include, but not be limited to, the foliowing: Employment, upgrading, demotion, or transfer, recruitment or recruitment selection for training, including apprenticeships and volunteers. NOTICES ffre Sunrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. OCCUPATIONAL S-AFETY/HFALTH ACT and WASHINGTON INDUSTRIAL;9AFETY/HEALTH ACT (OSHAAA/ISHA) The€qbrec'lpient represents and warrants that its workplace does now or will meet all applicable federal and state saiety and health regulations that are in effect during the Subrecipient's performance under this Agreement. Tothe extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless thE Department and its employeei and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. oWNEFSHTP OF PROJECT/CAPITAL FACILITIES toanycapitalfacilitiesorrealpropertyimprovedorconstructedwith funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to iuch property of the Subrecipient, The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to defend, indemnify, and hold the Departmtnt, the state of Washington, and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. POLTTTCAL ACTIVI]Y @sprovidedhereinshallbeusedforanypartisanpoliticalactivityortofurtherthe election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION @oertrrisAgreementshallnotbeusedinpaymentofanybonusorcommission for the purpose of obtaining approval of the application for such assistance or any other approval or concupence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if othenvise eligible as project costs, PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned, or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the Gourse of or under this Agreement; however, pursuant to 2 CFR Part 2A0315, FEMA reserves a royalty- free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. DHS.FEMA.HSGP.SHSP.FY25 Page 19 of 55 Kittitas County, E26-350 4.24 4.25 4.26 4.27 publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financialsupport, by thaAssistance Listings Number (formerly CFDA Number), and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views' RECAPTURE PsOVISION @ntfailstoexpendfundsunderthisAgreementinaccordancewithapplicable federal, state, and locai laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following ,Agreement t_ermination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. ln the event the Department is required to instiiute legal proceedings to enforce the recapture provision, the Department shall be 6ntitled to its costs and expenses thereof, including attorney fees from the Subreciplent. RECORDSa. T6e Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electrohic orwritten records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may b9 inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal ofiicials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement, c, The records shatl be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day, d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and.closure of the grant undeltfrid ngreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. RESPONSIBILITY F-OR PROJECT/STATEMENT OF WORK A/ORK PLAN. isttheSubrecipientwiththeprojecVstatementofwor]</workplan (project) by p'roviding federal award funds pursuant to this Agreement, the..pr.oject itself remains the sole ibrfiondiniiity of the Subrecipient. The Department undertakes no responsibility to the $ubrecipient, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the design, development, construction, implementation, operation and maintenance of the project; ai th"se phrases are applicable to this project, is solely that of the Subrecipient, as is r"spon'ribit1y for any claim or suit of any'nature by any thircl party related in any way to the project. prior to the start of any construclion activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders' The Subrecipient shalldefend, at its own cost, any and all clairns or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Departrient, -or to any state or federal agency, or to any of their empl.oyees. or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense 'andlor attorneys' fees, in connebtion with any claim or lawsuit brought by any thit'd party related to any design, development, construction, implementation, operation and/or maintenance of a project' SEVEMBILIry i? arty-ou1fii nghtfuljurisdiction holds any provision or condition under this Agreement or its application to any person or-circumstances invalid, this invalidity does not affect other provisions, terms or conditions DHS-FEMA-HSGP.SHSP.FY26 Page 20 bf 55 Klttitas County, E26-350 of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDITACT REQUIREMENTS (includino all AMENDMENTS) The Subrecipient shall comply with and include the following audit requirements in any subawards. Subrecipients of a federal award, that expend one million dollars ($1,000,000) or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program-specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Subrecipients that spend less than one million dollars ($1,000,000) a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "subrecipient" means an entity that receives a subaward from a pass-through entity to carry out a federal award as a recipient or subrecipient. Subrecipients that aro required to have an audit muet ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Paft204.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any subcontractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its subcontractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its Corrective Action Plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal yea(s): Contracts Office Washington Military Department Finance Division, Building #1 T A-20 Camp Murray, WA 98430-5032 OR Contracts. Office@m i l.wa. qov The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. Conducting a single or program-specific audit in compliance with 2 CFR Part 200 Subparl F is a material requirement of this Agreement. ln the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The Subrecipient, and/or employees or agents performing under this Agreement, are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as nor cliim to be an officer or employee of the Department or of the state of Washington by reason hereof, nor will the Subrecipient make any claim, demand, or application to or for any right, privilege or benefit applicable to an officer or employee of the Department or of the state of Washington, including, but not limiteO to, Workers'Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW; OFM Reg.4.3.1.1.8. DHS-FEMA-HSGP-SHSP-FY25 Page 21 of 55 Kittitas County, E26-350 A.30 A.31 4.32 4.33 It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right. lf the Subrecipient is an individual currently employed by a Washington State agency, the.Department shall obtain pioper approval from the employing agency or institution before entering into this contract. A statement of "no conflict of interest" shall be submitted to the Department. TAro Agreement,theSubrecipientshallberesponsiblefor,payandmaintain in current status ailtaxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind toi ttre Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. TERM I NATION FOR CONVENIENCE ortrrisAgreement,theSubrecipientmayterminatethisAgreementby providing written noiice of such termination to the Department Key Personnel.identified in the Agreement, ipecifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the state of Washington, may terminate this Agreement in whole or in part ten (10) business days after emailing notice to the Subrecipient. Upon notico of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. ln the event of termination, the bubrecipient shall 6e liable for all damages as authorized by law. The, rights and remedies of the Department provided for in this seetion shill not be exclusive and are in addition to any other rights and remedies provided by law. TERMINATION OR SUSPENSION FOR LOSS OF FUNDING rminateorsuspendallorpartofthisGrantAgreement,ormayreduce its scope of work arid nudget, ii there is a reduction in funds by the source. of. those funds, and if such funds are the basis for this Grant Agreement. The Department will email the Subrecipient ten (10) business days prior to termination. TERMINATION OR SUSPENSION FOR CAUSE discretion,determinestheSubrecipienthasfailedtofulfillina timely and proper manner its obligations under this Agreement, ia in an unsound financial condition so as to endangir performance heleunder, is in violation of any laws or regulations that render the Subrecipient-unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which tocure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasibte as determined'solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or othenrvisq affect any other remedies available to the Department. lf the Department allows the Subrecipient an opportunity to cure, the Department shatt notify the Subrecipient in writing of the need to take corrective action. lf the corrective action is not takeh within ten (10) calendar days or as othenruise specified by the Department, or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part, The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of frlnls during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. ln the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all ailministrative costs directly related to the replacement Agreement, e.9., cost of aJministering the competitive solicitation process, mailing, advertising and other associated staff time. DHS.FEMA-HSG P.SHSP-FY25 Page22 of 55 Kittitas County, E26-350 The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. lf it is determined that the Subrecipient (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's'control, fault or negligence, the termination shall be deemed to be a termination for convenience. A.34 TERMINATIONPROCEDURES lnaddition@setforthbelow,iftheDepartmentterminatesthisAgreement,the Subrecipient shall t6ttow any procedures specified in the termination notice. Upon termination of this Agreement and in addition t6 any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property epecifically produced or acquired for the performance of such part of this Agreement as has been terminated lf the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upo.n price, if separately stated, for properly authoiized and completed work and services rendered or goods belivered tb and accepted Oy tfre'Defartment prior to the effective date of Agreement.termination, the amount agreed upon liy the Subrecipient and the Department for (i) completed work and services and/or equipmeni or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or 6quipment or supplies provided which are accepted by the DepartmglJ, (iii) other work, services andlor equifment or suddties ,,irlrictr are accepted by the Department, and (iv) the protection and preservation of propertY. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement.-ltttre termination is for cause, the Department shall determine the extent of the liability of the D6partment. The Department shall havo no other obligation to the Subrecipient for termination. The Dejrartment may wittrtrolO from any amounts due the Subrecipient such sum as the Department determines to be necessary to proteCt the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as othennrise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice b. place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated c. Assign to the Department, in the manner, at the times, and to the extent directed by the Depir"tment, all of lhe rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claimg arising out of the termination of such orders and contracts d. Setge all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the afproval or ratification of the Department to the extent the. Department may require, which approval or ratification shall be final for all the purposes of this clause e. Transfer tifle to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agredment had been completed, wsuld have been required to be furnished to the Department f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements g. Take such action as may be necessary, or as the Department.may lequire_, for the protection and preservation of the pr6perty related to this Agreement which is in the possession of the bubrecipient and in which the Department has or may acquire an interest A.35 M|NORITY ANp WoMEN-OWNED BUSINESS ENTERPRISFS. lnaccordaniessetforthinChapter3919Rqry'thestateof Washington encourages pirticipation in all its contracts by MWBE firms certified by the Office of Minority and Women's Businiss Enterprises (OMWBE). To the extent possible, the Subrecjpient will solicit and encourage minority-owned and women-owned business enterprises who are certified by the OMWBE DHS-FEMA-Hscp-sHSp-Fy2s Page 23 of 5b Kittltas county, E26-350 A.36 A.37 under the state of Washington certification program to apply and compete for work under this contract, Voluntary numericalMWBE participation goals have been established and are indicated herein: Minority Business Enterprises: (MBE's): 10% and Woman's Business Enterprises (WBE's): 6%. VENUE The ngreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Except for as provided herein, the exclusive venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington, and the Subrecipient, by execution of this Agreement, acknowledges the jurisdiction of the courts of tne state of Washington. Provided, that if the Subrecipient is a federally lecognized lndian Tribe, the parties agree that, in the event either party to this Agreement commences any suit relating to or arising from the Agreement, the United States District Court for the Western District of itre State olWashington shall have the sole and exclusive jurisdiction over such proceeding. lf the court lacks federal subJect matter jurisdiction, then the Tribe agrees to waive its sovereign immunity from suit for the limited purpose of permitting the State to enforce the terms of this Agreement in the Superior Court of Washington under Washington law, and venue for such suit shall be the Superior Court of Thurston Countyf Washington. This limited waiver of sovereign immunity is solely for the benefit of the State. This limited waiver of sovereign immunity shall not be for, nor shall it be construed as for, the benefit of any other person or entfty, and the Tribe does not waive its immunity with respect to any action brought by, or on behalf of, any other entity or person. WAIVERS No conditions or provisions of this Agreement can be waived 'unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agieement or to exercise any right based upon a breach thereof, or the acceptance of any pedormance during such breach, shall not constitute a waiver of any right under this Agreement. DHS.FEMA.HSGP-SHSP-FY25 Page 24 of 55 Kittitas County, E26-350 Attachment C Amendment Memo 25HSGP Award Letter EMW-2025-SS-05030 U.S. Department of Homeland Security washington, D.c.2Q472 Elfective date: 05/26/2026 FEMA has made an amendment to your award: EMW-2025-SS-05030. The change to your grant was reviewed and is hereby approved as specified below. All other terms and conditions of the grant remain unchanged. Terms and conditions amendment(s) FEMA has reviewed the terms and conditions of your award. The following terms and conditions have been added to your award Article 75 National Priority Area Program Hold (30%) Consistent with the FY 2025 HSGP NOFO, the recipient is prohibited from drawing down funding for projects needed to meet the 30% minimum spending requirements for National Priority Areas under this award until each project is reviewed by FEMA/GPD to determine effectiveness. Per lB 550, the 45-day pass through period will not begin for these funds until this hold is lifted. Article 76 Law Enforcement Terrorism Prevention Activities Program Hold (357d Consistent with the FY 2025 HSGP NOFO, the recipient is prohibited from drawing down funding lor projects needed to meet the 35% minimum allocation requirements for Law Enforcement Terrorism Prevention Program Activities (LETPA) under this award until each project is reviewed by FEMA/GPD to determine alignment with LETPA requirements. Per lB 550, the 45-day pass lhrough period will not begin lor these funds until this hold is lifted. The lollowing terms and conditions have been removed from your award: Article 57 Funding Hold: Additional lnlormation Required FEMA has placed a funding hold on this award, and $19,631,821 is on hold in the FEMA financial systems. The recipient is prohibited lrom obligating, expending, or drawing down the lunds associated with the lollowing Homeland Security Grant Program subprogram(s)/investment(s). To release the funding hold, the recipient must provide a detailed cost breakdown and justification for the investmentslprojects listed above. FEMA will rescind the funding hold upon its review and approval of the detailed cost breakdown and justification. lf you have questions about this funding hold, please contact the DHS/FEMA Headquarters Preparedness Officer. Your amended award package is induff below. The amended award package incorporates changes apptov€d in this amendment a$ wsll as any previously approved amandm€nts. rffiFEMA DHS-FEMA.HSGP-SHSP-FY25 Page 25 of 55 Kittitas County, E26-350 Award Letter U.S. Department of Homeland Security Washington, D.C.20472 Effective date; 05i26/2026 Gail Cram MILITARY DEPARTMENT, WASHINGTON STATE BUILDING 1 MILITIA DR STATE FINANCIAL SERVICES CAMP MURRAY, WA 98430 EMW-2025-SS-05030 Dear Gail Cram, Congratulations on behalf of the Department of Homeland Security, your application submitted for the Fiscal Year (FY) 2025 Homeland Security Grant Program, has been approved in the amount of $19,631 ,821.00 in Federal funding, This award of federal assistance is executed as a Granl. Before you request and receive any of the Federal lunds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: Award Summary - included in this document Agreement Articles - included in this document Obligating Document - included in this document Fiscal Year (FY) 2025 Homeland Security Grant Program (HSGP) Notice oi Funding Opportunity The Preparedness Grant Manual (PGM) Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, David Gudinas Deputy Assistant Administrator (Acting) Grant Programs Directorate I Resilience FEMA *-,lt* DHS-FEMA.HSGP.SHSP.FY2s Page 26 of 55 Kittitas County, E26-350 Award $ummary Frogram: Flscal Year 2025 Homdand Secudty Giant Pmgram Rectprenr MILITARV DEPARTMENT, WASHINCiTON STATE UELEFN D2HRAZ2PLA8 Award numbsr: EMW-2025'S$-05030 $ummary descrlptlon of award The Flecal Ysar (FY) 2025 Homehnd $ecudv Qrant Prugram (HBGP) le one of lhr€o granl programb that consillulo tho DHS/FEMA locus on onhancing lho ablllty ol stat€, local, tdbal, and lerrltorlal governmenls, as well ae nonprofits, lo p6vsnt, prolect agalnot, respond to, and recover lrom terrorlet attacks. Theoe grant programs atb part of r comprehenslve set ol measurbs aulhorlzed by congneea and lmplemented ry oHg t0 h€lp strpngthon tho Natlon's communlll€s agalnst potonllal tanorlst attaclc. Among the f,ve baelc homaland eecurly mlerlons noted ln the DH$ $trateglc Plan, the HSGP eupporte lhe goal to Slr€ngthen Natlonal Proparednees and Rsalllenco. Amount awardod table The amounl of the award le detalled ln th6 atlachod Obllgating Document lor AwArd The followlng arc the budgeted 6sllmal6s lor obJect classee lor thls amended award (lncludlng Federal shar€ plue your cosl ehare, ll appllcable); Oblect Glaas Total Pergonnel $1,643,728.00 F lnge bonofitg $290,825.00 Travel $96,702.00 Equlpment s5,803,96$.00 Suppllee $16,676.00 Contractual sl,024796,00 *11'T1?' Other $0,00 #10,772,782.00 $'t9,691,821.00 $o.oo F€deral Non-lederal $19,691,821.00Tolal lndlrocl charg€s $152,948.00 Program lncome $o.oo Approved scope of work FEMA ha$ apprwed the below scope ol work. Dilferencos between lhe appmved ecope ol work ln thls amendmentand lhe prevlouelyapproved scopeol workarelustlfred below. You must tubmltscopo or budget revlslon requests lor FEMA'c pdorr approval, vla an amendmont raqueel, a6 appmprlate per 2 C. F. R' $ 20030gandlhe FY2025 HBGP NOFO. // due to new system inclusion of information with no context, pages 5-42 not included - available on request // DHS-FEMA.HSGP-SHSP-FY26 Page27 of 55 Klttitas County, E26A50 0 I Agreement Articles Frosram! Flscal Ysar 2025 Homehnd Sacurily Qrant Program Reclplent MILITARY DEFAHTMENT, WA$HINGTON STATE UEhEFT: D2EJHGZaPLOB Award numbar: EMW.2025'SS450S0 Table of contents fr eiiiliriiiiieii'ii, codi Fifniiif e6l freiiioiiriliiiionC, anii - - Cerllf,cnilonn Ggneral Aoknowledgements and Assurancee Acknorrledgsment of Federal Fundlng lrom DHS ActMdes Conducted Abroad A96 nborlmlnaflon Act ot 1975 Amedcans wlth Dleabllllles AGt of 1900 Begt Practlcea lor Collpctlon and Use of Peraonally ldendf,able lnformallon cHlp$ and $clence AGt ol alz:|, Publlc Law 117'1dl cHlp8 Glvll Hlghtr Act ol 1964 - Tltls Vl Glvll Flghts Act of 1968 Communlcatlon dnd Cooperatlon wlth lho Dopnrtnenl of Homoland $ecurlty and lmmlgrrtlon Offclale Copplght Debarment and $uryenslon Drug-Frae Worlqlaoe Regulntlons Dupllcallve Corte Educatlon Amsndmenls ol 1g?2 (Equal oppoilunlty ln Educatlon Aot) - Tltle x Energy Polloyand Goneervatlon Act Equrl Treatmont ol Falllr'Eaeed Organlzatlonr AnthDlscrlmlnatlon Falee Glalms AsI rnd Program Fraud Glvll Hemedlee Federal Dobt $tatug Federal Leaderuhlp on Heduclng Text llessrglng wltllo Drlvlng FlyAmerlcf Act sl1974 Hotel end llotel Flre $afeff Act ol 1991t John 9. Hcoatn Natlonal Defenre Authorlzatlon Act ol Flscal Y6ar al'19 Umltsd Englleh Proficlency (Clvll Rlghh Act ot '1964, Tltle Vl) Lobb$ng Plohlbltlone Nailonal Envllonmonlal Polloy Aol I 4 5 6 DHS.FEMA-HSGP.SHSP.FY2s Page 28 of55 Kittitas GountY, E26'350 psflonst Gecuilty Preoldentlal llemorandum€S (NSpl'l-0S) and provlelona of the CHIPS and $clence Act of202il, Pub. L.11?'167, $ocllon 10254 llon $upplantlng Requlremenl llollca of Fundlng Opporlunlty Requlrements pabnlo nnd lntelleclual Proporty Rlghto Prasldenllal Exectltlvo Orders Procurement ol Recovered ilabrlal8 Rehrhllltadon Aot ot 197? Rsporthg Roclplent lntegrlty and Pdrfonnance Mattera Heportlng $ubauardc and Executlva Companoallon Requlred Uaa of Amerlcan lron $leel, Manulaclured Products, and Gonelruotlon llaterldr sAFECOII $ubraclplsnt Monllorlng und Managemenl gyetem lor Award managament and Unlque Entlty ldon[ffsr Hequlremene Termlnatlon of a FedernlAward Tarrorlst Flnanolng Traficktng vlcdms Protectlon Act of z{loll(n PA) Unldng and Sfenglhonlng Amerlca by Plovldlng Appro$lato Too!! Requhsd to lnlorcept rnd Ob*truotTerrorlsm (U$A PATRIOT) Act of 2lXl1' Puh L 1W'56 Use ol DH$ $6t1, Logo and Flrgc Whlgtleblofiyor Protecrilon Aol Envlronmemlal Plannlng ild tll$bilc proselvatlon (EHP) Hevlew Appllcablllty ol DHB Standard Terms and Gondlllons to Trlbnl Nltlont Acceptancs of PootAwsrd Ghangan Dlcpoaltlon ol Equlpmont Acqulrod Under the FEderdl AwaH Prlor Approval for Modlficallon ol Approved Budget lndlrect Cost Rnto Bu[d Amerlca, BuyAmarlcrAct (BABAA) Hequlred Conlrf,ct frovhlon & Solf.Csfilfiaflilon OFBQ Program Perlormance Goal HSGF Psrlormance Goal DHS-FEMA.HS GP.SHSP-FY25 Page 29 ol 55 Kittitas County, E26-350 ArUcls VI lrilcls r8 lrflcls !g lrilcle t0 lrilcle tl lrdcle 12 Thls rrtlclehar begn removed Oparallon $tonsgarden Frogram Hold Non-Appllcabilhy of $peclf, o Agro6mont Artlclas Fsrlod of Porformlnce and Budgot porlod $tale Homeland Securlly Prognm: Gompllnnce wlth Fedoral lmmlgratlon Law Stab Homoland Sscudty Frogrnm: Non-Appllcnblllty ol SpsclflcTrrms and Agreement Ardclss State Homeland Securlty Progrlm: lmpact ol San Frrnclrco v. Trump Prellmlnary lnluncllon $trn Homeland Securlty Program lmpacil of $tal6 ol llllnola y. FEMA lnluncdon Urban Area $scurlty lnltlatlver Gompllance wlth Fodord lmmlgrauon Law Urban Ater $ecurl$ lnltlailv3g Non-Appllcablllty of Speclfic Termo and Agreement Urban Area $6curlty lnltlf,tlve lmpact ol gan Franolsco v. Trump Frellmlnary lnlunctlon Urban Area Securlty lnltlallve: lmpact of Stale ol llllnols v. FEIIA lnlunctlon Operatlon Sbnsgtrdsn: l{on Appllcablfiql ol $pec{fic Terme nnd Agreement Arllolas 8ummary Deccrlptlon of Award and $ubprograme State Homsland Sscurlly Program: Reoclsrlon ot Agreement Ardctoo Purcuilt to gttto of llllnolr, at al. v. FEllA, st aL Urban Ares Sacuilty lhHrtlver Heacleolon of Agreement Arflolss Fursurnt to $taie ol llllnole, et al, v. FEllA, ot al. Amended Award Amount pursuant to gtate of llllnols, at al, v. Krloil l{oem, sl tl. (D'nl). Amended Perlod ol Performancs and Budget Perlod pur3uanl lo Stalo of llllnols, et al. v. Krl*il lrloem, ot al. (D,Rll and $tate of lllchtgan et al, v, Krleil Noem st al. (D.OH]. Nrdonrl prlorllyAret Prognrm Hold (i0%) 75 Ardcle Law Enloroement Tarrorlcm Freyanilon Aclleltles Program Hold (357o) 76 Ar[cla 6S Ar[clB M Arflcle DI Ardcle 86 Ardcle 6? Arilcle b8 Ardcle 69 Ardcle 70 ArIcle t1 Ardcle f2 Arilcle ts Af[cle t4 DHS-FEMA.HSGP-SHSP.FY25 Page 30 of 55 Kittitas County, E26-350 Attlclel Artlcls 2 ArUcle 0 Artlcle 4 Afilcle5 Arfcle6 Aillclo 7 Atrurance, Admlnlgtlatlve Requlrement8, Gost Prlnclple*, HoplEsont|llons, dnd Certlficatlons L Reclplenls must complote olthsr lho Offic€ of Managemenl and Budget (OMB) $landard Form 424BAgguroilcos - Non- Oonelrucllon Programg or OMB StanOirU Form 424D Aeeuianoos - Conetructlon Progiams, ae appllcablo. CErlaln aeaumncos in th68o document$ may not bo appllcable to your prugnm and lho DHS financlal aesletanco offce (DHS FAO) may reqrlre appllcants to cefilfy addltlonal aseurancee , Appllcanb aru requlred to fill out ftb a$slran@s, as lnstructed. Genernl Acknowledgomonfi md Assurancer Reclplenle are ruqulred t6 follow the appllcable provlelons d tlre Unilorm Mmlnlelratve Requlr€fionts, Cosl Frlildples, and Auait nequlremenls for Foderal Awards ln effoct as of lhe fcderal award date and located ln Tllle 2,bode ol Federal Regulatlons, Part 200 and adoptd by DHS at 2 C.F'R. $ 3002.1 0, All reclplen$ and eubruclpl6nts must acknowledgo And sgr€o to providd DHg accoss to rccordg, aocounts, documont$, lnfo.rmatlon, facllltles" and stall pursuant to 2 C.F.R. $ 200.337.1, Reclplents must cooporato with any DHS compllanoe ruvlewe or compllance lnvestlgatlons, ll. Reolplenl$ must glvo DHS acoot$ to o<amlne and copy rccords, accounle, and other documenle and eouroes ol lnlomatlon related to tho lderal award and parmit aocess lo facllltles and porsonnel. lll. R€clpldnts must submlt tlmely, complete, and accurato tnports to lhe fiopnprlat€ OHS oficlals and malntaln.appropdate bacliup documenlation to eupport lhe ltsporls. lV. Redplenb mu$t comply wlth all other specidt rcporling, data collecllon, and evaluation r€qulranonto r6qulrcd by lau lederal r6guhtlon, Nolico ol Fundlng OppOrtunlty, federalaward apeclfrc terms and Condltlons, and/or DH$ Componenl prognm guldance, Organizatlon costs rehted to data and ovaluallon are allowable. The definition ol data and ovalualion coslols in 2 C.F.R' $ 200.455(c), the lull tort ol whlch ls lncorporated by reference. V' Reclplenls must completd DHS Form 8095 withln 80 d6ye of recoipl ol ths Notico ol Awad lor lh6 first awaid under whlch lhls l6rm appllee. For turther lnslruclionB and lo AcoeSB the lorm, please vhlt httpe/rlrwwdhs,gov/clvll'rlghlsrosourcss'rcdplents'dhs-financlal' asslslan@. Amerloanr wlth Dlaabllltlso Act of 10911 Reclplents musl complywllh tha requlrementsolTilles l,ll, and lllolthaAmerlcans udlh Di6abllllleBAct, Pub. L.No.10'l' 3{tb (1990} (codlfiedanamendedat42 U.S.C, $$ 12101- 12213), whlch prfilbho recipients from discrlmlnatlng on fie basls of disablllty ln lhe oporatlo! oi publicentlties, pubiic and prlvato traneporlaflon syetemg, places of publlc accommodallon, and oertaln terililg ontltis$. Acknowledgement of Federsl Fundlng lrom DH$ Reclplente muntacknovrdedge - thslr use of lederalawad lunding when lsUulng slatemenls, pese releaseg, rcque$ts lor proposal, bld lnvllatlone, and olher dOaumonts doscriblng projecte or progiams tund€d ln whole or ln part wllh ledoral award {unds. Ac[vltlss Gonducted Abroad Reclplents mu8l coordinale wllh oppopdat€ govemment ar.rlhortfies when perlomlng project acllvltie$ oulsido lho Unlted Slate$ obtaln all appropdate llcsnFo$, permlts, or appruvals. Age Dleorlmlnftlon Act ol'lg?5 Reclplents must complywith ihe requiremonls ol lh€ A[e Dlecrlmlnatlon Act of I 975, Pub. L, No. 94-l g5 (aodlfred ae amended at Tlllo 42, U-S, CoOe $ 01 01 et seq), whlch prohlbite discrlmlnatlon on lhe baeis ol age in any prografi or activity recelvlng federal frnanclal ac$lstanoo.' Ba$t pracfceslor Collecllon rnd Use ol Pel*onrlly ldentlffabla lnlotmatlon (l) Reclplenle wtro collest personally ldentlfable lnformatlon (Pll) as part of carrylng out the ecOpe ol work undpralgdoralav'rad are requlr€d b haves publlclyavallable prlvacy pol6y that descrlbes standarde on lhe usago and malntenance ollhe Pll $ey 9ol!6ct. (? ifennitlon. DH$ definee "Fll" ae any lnlormallon lhat pormlls the ldentlty of an lndMdual lo be dtrectly or indhecily lnlerred, includlng any lnlonrutlon that ls llnked or llnkable to that lndlvlduai Reciplenls may also fnd the DHS Prlvacy lmpacl Asseeements: Prlvacy Guldanca and Prlvacy Templale ae useful reeourceo rcspecllvely' DHS.FEMA-HSGP-SHSP.FY25 Page 31 of55 Kittltas County, E26-350 Artlcla I Arilcle I Artlcle 10 CHIPS and $olence Aotole024 Publla Lawll?-167 CHIPS (l) R€clplonlsof DHS msgarch and devolopment {R&D) awards muet report to lho DHB Gomponent rosearch program ofice any nnOlng oi Uetermlnallon of sex hasod and goruAl harasEmont and/of an admlnl8lrutlve or dlsclpllnary actlon lalon againsl prlnclpal lnvostigators or co' lnvosllgato/s lo bo compti*eO Uy an aulhorized organlzallonal represenlatlve (AOR) at fte reclplenl tnstltution. (2) Notlfication. An AOR mu$t dlsclose lhe {ollowlng lnlomallon to ageni:les wlthln 10 days of the date/the fndlng ls made, or l0 daye trum when,a rsclplent lmpo8os an admlntstnailve acllon On lho reporlod hdlvldual, whlchovor ls sooher. Reports should lnclude: (a) Award number, (b) Name of Pl or Co'Pl belng ruported, (6) Awardeo name, (d) Awardeeaddros$, (e) AOR name,_title, phone, and eirall addmbs, (f) lndlcatton oi lhg roport typs: (i) Flndlng or determlnatlon has boen mado that lhe rcported lndMtlual violaled awardee pollcles or codeB ol conduot, $latul€8, or rGgutallons rgiated to aexuat haraggmont, eoilal aasault, or other fofins of hamssment, lncludlng the dato lhat lha fndlng lvas made. (ll) lmpouitlon ol an admlnlstratlve or dlsclpllnary acllon by the reclpiont on ltn repor'tlng lndlvldual relat€d lo a finding/detilrminatlon oran invastigatlon d an alleged vidation of reclplent policy or codefol oonducl, stalutds, or r€gulatlons, or other lorms of haragsment. {ll} The date and nature ot lha admlnlotratlve/dlsclptinary actlon, lncludhg a haslc oFlanallon or d6s0riptlon ol the ot6nt, whlch should not dlscloso porsonally ldentlfiable lnlormallon regardlng any complalnts or lndlvlduale lnvolvod. Any dolctlpilon pruvlded mustte corrststent w[h the.Famlly Educalional Rlghte ln PrivacyAct' (3) Definlllons. (a) An 'huthorlzed organlzatlonAl.rgpres€ntatlve (AOR)" ls an admlnlstrative olfiglal who, on behalf of the pruposlng lnetltutlon, 18 effpowored to make confficailono and repreeentailohe ihO cCn commlt lhe lnstltuilon to lhe conduct ol a Folsct that anagency kbehg aelced to support as u/€ll ae adhere lo vadoue agenoy pollclee and award mqulremofis. (b) "Pi[ndpallnvestlgatore nnd co'prlndpallnveoilgatorul aqalvard peieonnetougiortea byigrant, oooporAtivo agrc€mgnt, orconl6ct under FedAallavu. ic) A'?eport6d indlvldual" nlorfi lo mclplent personnel who hav,e beon ropon€d to a iele,rnl rigeney for potonthl sorual hwdssmcht violatlons. {d) "$ex based harassmgnf' means a lorm ol sex dleodmlnafion and lncludes harassmont based on sdx' sox Stereo$O€B, sex characlerlellCe, pregnancy Or mlatod oondlilons, sorud orl0nlatlOn' and gendei tdentlty. (e) "$orual h6ra6smsnt' me6ns unwelc6me eOxualadvanceg, roqu€ols . 6r esxual fav6ru, ind other verbal or physlcal conduct of a satual nalum when thls conducl expllcltly or |mdlolttlt aff€cls an indvidual s omploymotrt, unnas0nably htorlerss rrulth an lndivHuils work performanco, Or croatogan lnllmldaling, hosllle' oroffenslw workenvlronmont,nhalh€rsugh actlvltyls carrled out byaeupervlsororloyaco'worksr' volunleer, or conlractor, Clvll Rlghto Act of t 964 - Tlfe Vl Reciplente muet comply wlth tho raqulremgfis of Ril6 u ;t th€ civll Rights Act ot 1964, Pub. L. No. 88"'952 (codfed as am onded al 42 u.$.c. $ 2000d et s€q), whlch providee that no person ln tho Unlted $tates wlll, on lhe groundi ol ram, oolori br natloial orlgln, be excluded from parllclpatlon lrt, be denled the fieneffts ol, or bs eubjecrted lo discdmlnafion under any program or lctlvityroc6ivlng federal financlal aCslstancg, DH$ lmplemantlng regulalions br the Act are lound at 6 C,F.R. Part 21. Reclpiente of alederalaward from tho F€doral Emergency Mana-gqqent Agency (FEluld) muit also comply rvilh FEMA'o lmplemoiling regulallons at 44 C.F.B' Part 7. ctvlt Htghb Act ot 1968 Recipiont$ must mmply wlth Tlrle vlll ol the clvil Rlghte Acl ol 1968, Pib. L. No. 902s4 (codlied as amended ai 42 U.S.C. $ 3801 et seq) whlch prohiLts reclplonts from discrlmlnatlng in the eale, renlal, financlng, and advertlsing ol ilwelllngs, orin lhe provlslon ol sarvlcos ln connoctlon. thsfowlth, on the baais o! raco' color, riatlonal orlgin, religlon, disability, lamilial stalus, and 8ex, ae implemented by lhe U.S. Dopartmsnt ol Houslng and Urban Development at 2A C.F.R, Pqrt 100. Tho prohlbftbn on dicablllty dlscilmlnatlon lncludes the rsqulrcment hal nsuv multllamily irouelng with lour or more dwelling unlts- ls., lhe grbltc and oommon use a6ae and lndlvldual aparlmsnt unlts (all unlb ln buildlnge wlttr elorabrs and ground'floor.unlt$ ln bulldinge without elevatorej-ba deelgned and construcl6d with c6rlaln accesslbl6 lealul€s. (Soo 24 C.F.R. Part 100, Subpart D.) DHS-FEMA-HSG P-SHSP-FY26 Page 32 of55 Klttitas County, E2A450 Artlcle 1'l Arilclo 12 Communlcatlon and Cooperallon wlth lhs Depnrtment ol Homeland $eourlty and lmmlgraflon Ofrclal* (1) All reclplenls and other rcclplents ol lunds under lhls award must agruo that thoy rrlill oomply wlth tho tollowlng requlremants rclated to coordlnatlon and cooperallon with the Depanmont ol Homoland $ecurtty andlmmlgnatlon offc{als: (a) Thoy mu6t mmply tvllh fta roqulremont$ ol8 U.S.C. $$ tg73 and 1044. 'lheee stalutas prohlbh reotrictlonE on lnformatlon sharlng by 6tate and local govemmenl Onltlies wllh DHS regarding the cltlzenehlp or lmmlgratlon slatus, lawlul or unlawlul, of any lndMdual. Addltlonally, I U.S.C. $ 1370 prohlblte. any porson or agency lrum pr6hlbiting, or in any way restricllng, a F,ederal, State, or local governmont onlity lrom doing antol tho followlng wlth rcspect to lnlomaton regardlng iha lmmlgrallon staluo ol any tnatritduatl 1) sending eirch lnbrmatlon to, or requesting or reoolvlng auch lnlormallon from, Federal lmmlgmtlon oficlals;2) malntalnlng such lnlormailonlor 3) oxchanglng such infomallon wlth any othor Foderal, $tate, or local govemment €niltyi (b) Thoy must comply with other relevanl laws related to immigrallon, lncludlng pmhlblllons 0n encduiaging or lnduclng an allen lo come to, 6nl6r, or resido ln the Unit€d thtoc in vldatlon of law,8 U,s.c. $ 1s24(axr)Gxlv), prohlbltlonson tranEporling or movlng lllagal allene, I U.S,C, $ I 32a($(t )(A)(l[, pmhlbltlone on harborjng, conceallng, or shlolding lrom detection lllegal allens, I U,$.C. $ r824(axlxAxtll), and any appllcable oonapiragy, aldlng or abefitng, or attempt llabllity regardlng these slatutosl (c) That thsy will honor ruqud6l$ lorcooperallon, such as parllclpatlon hJolnt oparailons, sharlng ol inlormaton, 6r requoste lor short term detonlion of an allen pumuani to a valid detalnor. A lurisdlctlon does nol lafl to comply wlth thls raqulrcment mercly becauue lt lacks tlre nemssary raeourcas to assl8l tn a partlcular lnstanca; (d) Thal thoy wlll provlda acceoe to detaineee , such ae whon an lmmlgratlon oficor sooks lo lnlorvlew a person who mlght be aromovauoull6n;and (o) Thot they$rlll nol lsakorothsrvvlsopubllclzotheoxlstonco0f an lmmigration enfor@ment ope,allon. {2) The ruciplent must corlify undor penalty ol perJury punuant to 28 U.8.C. $ I 746 ard uslng a form that ls acooplable to OHS, that lt wlll comply'adth the raqulrsments ol thlt hrm. Addltlonally, lhe rcclplent agrees that lt wlll raqulra any eubredplenle or contlactors lo canffy in lh6 samo manner lhat lhey wlll comply wlih this l€rm Nor io provlding lhem wtth any tuildlng undor lhls awatd' (0)'rho recifld,nt agre* that dompliancelrdth thls term ls matofial to the Gov€rnmont's decielon to make or conlinue wilh this award and that the bparffionl ol hofidand Securliy may lermlnato ihls granl, or lal(o any other allonable enlorcemeil ncllon, ll lho r€clplont lails to comptywith lhls lerm. Artlcle 10 Artlole 14 Copydghl Reciplente muol affx tho appllcable copytlght noffoos ot 1 7 U.S.C. $$ 401 or 402toanyworkfrrc produced under ledemlawards and also lnolude an gpknowladgement that the work wae produced under a ledoral award (ncludng tha iCderral award nimberand led6rral ar,rardlng ag€ncy). A6 ddtalled ln 2 G'F,R, $ 200.315, a lederal qwarding agency resgrves a ruyalty-irce, nono<cluelve, and lnevocable right lo reproduce, publigh, or otherulee ueE the work lor foderal puryo$es and to aulhorlze olhorstodo$o Debarment and $urpenrlon Reclplents muol comply wlth lhe non'procurement d6barm6nt and eu8penelon regulallone lmplementlng Exeafilve Orderu 12649 and 12689 setforthat2 C.F.R, Part 180 as lmplemented byoHB at LC,F.R. Pafl3000. ThEse rqulailons prohlblt reclplenn from enterlng lnlo covored tffinsaclione (euch a* subnwads and contracts) wlth oertaln pattl€s tlut arc debaned, sudpondod, or olhorwi$o orclr:ded from or lnelQible for parllclpatlon in federnl aeslrlance progffims or aclivitle$. Drug-Free Wo*placo Regulatlona Reciplenb muet comply with drug'lree worlphca rcquiremenb ln Subpart B (or $ubpart C, lf lhe r€clplent le an lndlvldual) ol 2 C.F.R. Part 0001 , whlch adopls fie Gov6mmont- vvldo lmplomentallon (2C.F 'n. Parl 182) of the Drug-Frce Workplaoe Act of 1988 (41 U,S.C. $$ 8101-8106). Artlcle 15 Dupllcntlvo Cottr Reclplents are prohlblled fmm charglng any cost to lhl$ l6d0tal auard that vvlll be lncluded ae g oost or ue€d to m€€l cost shadng reqlirements of any other lederal award ln elther lhe cunent or a prlor budget perlod. 8ee 2 C.F'R. $ 200.403(f), Howovor, recipients may ehift cootethat are allowable under two or morc federat aiivards wherc olhilrwlse pErmitted by fedoral statutes, r€gulatlons, or lha t6do,al award terms and condltlons. DHS.FEMA.HSGP-SHSP.FY25 Page 33 of 55 Klttitas County, E26-350 Aillcle 16 Artlcle 17 tutlclel8 Educallon Amendmsnl0 of 1972 (Equal Opponunfty ln Eduoatlon Ac{ - Tltle lX Rsclplonls muFl comply wlth tho r€qulremente of Tltle lX ol tho Eduoatlon Amendmonl6 of 1972, Fub. L. No. 92-918 (codifedasamendedat20 U.S.C, $ lef I etseq.),',vhlch provlde that no person ln the Unlted Stalos wlll, on lhe basle of sox, be ocluded lrom panhlpalion ln, ba denled the benefts ol, or be subJected to dlsctlmlnatlon under any - educAilonalprogram oracllvltyrecelvlng lederal financlala$lelanm. DH$ lmplemonllng rcgulatlons a'g coOffiea at 0 C.F.R. Fart 17. Reclplente of a lederal award lrom lhe Federal Ernergency ManagsmeRtAgoncy (FEMA) must also @l11plywilh FEMA'8 lmplementlng regulatlons at 44 C,F.R. Parl 19. Energy Pollcy and Gonrarvatlon Aat Reclplenls must complywlth lhe rsqulremenle ol the EnergyPolicyandGonaervationAcl, Pub. L. No. S4-163 (1975) (codifiedaeamendad at 42 U.S.C. $ 6201 et ssqJ, whlch contaln pollcles relatlng to energy eficlency that are dsfined ln ttro stat€ €nergyconseruatlon plan lseued ln compllence wlth thie Act. Artlcle l9 Antl-Dl*crlmlnadon Rodplenls must @mply wlth all appllcable Federal antl" discr4mination laws maloilal to the government's payment doclsions lor purposes ol 01 U.$,C. $ S72{b)(4). (1) Defrnitlone. As used ln thleclause - (a) DElmeane 'dlverulty' equliy, and lnoluslon.t (b) DEIA meanr udlvereity, oqully, lncluelon, and accesslblllty." (c) Dhcrimlnatory equlty ldeology hae the meanlng sei lorth ln 8ooilon 2(b) ol Recutlve Ord6r I 4 1 90 of January 29, 2026. (d) Federal anti-djecrlmlnatlon laws mean Fedaral civil righte law th6t protoct indlvldual Afierlcans lrom dlscrlmlnatlon on the baslg of race' cotor, ser rellgion, and natlonal odgln. (e) lllegal lmmtgrant means any allen, ae def,ned in s U.$,C. $ 1101(aX3), who hae no lawful immigrallon $tatus ln lho Unlted gtatqs.(2) Grant awari csrtlftcd'tion. (a) By accspdng tho grant award, mclplenb are cerdf;lng that: (i) They do not, ard will not during the term ol thls financlal assl6{4flc0 awald, oparalo iiry prigrame that advance or pmmote DEl, DEIA, or discdmlnatory eqrlly ldeology ln violatlon ol Fderal anli'dlscrimlnsilon lawti and (ll) They do not angage in and wlll not durlno lhe lerm otlhle award engage ln, adlecrlmlnalory prohlblled boycott, (lll) Theydo not, and wlll not durlng ilre teim 6f fils awad, operala any program that bonofrle llloghl lmmigrante or lncenllvlzes lllegal lmmlgratlon. (8) DHB reswss the rlghtto suepond payments in whole or in part and/or termlnatsfinancial assletanco awada ll lho Secrctary bf Homehnd Securityor herdeelgneedotermlnesthattho rBolplent hasvlolated any provleion of subaedlon (2). (4) Upon suepenelon or temlnallon under subsecllon (S), all lunds recoiv€d by tha rccipldnt ehall be fremed to be ln excees of th6 amounl that lho raclplent b determlned to be entltled to under the Federal award lor puryoses of 2 C.F.H. $ 200.046. As euch, all amounl6 recelved wlll con8tltute a dobtto the Fodoral &vemment lhat may bs pulsued lo the madmum oxtent pormltted by law. Equrl Tfortmsnt ol Frlfi-Bared Organlzatlons lt ls DHs policy to €neurelhe egual trsatmontot lalh-based organlzatione ln soclal oervlce program$ admlnl$tol€d or supported by DH$ or lls component agencles, enabllng those orqan,zallons to R9{c]0ate ln imvldlng lmporhnt sooidl servlces to beneficlnrles. R€clpient$ mu$t comdy with the equal treatnent pollcies and requlrcmsnts contalned ln 6 C,F.R. Part 19 aild othor Afpticable sUtutos, regulafons, and guldance governlng lha partlclpations ol failh-bae€d oryanlzations In lndlvldual DHB programs. False Clalme Act and Frognm Fraud Clvll Esmedlas Reclplente must comply wlth tre rcqulremenls of the False Ghlms Act, 01 U.S.C. $$ Sru'379t1, whlch prohibit lhe subrnission of false or fnudient clalms for payment lo the Fderal Gotemment. (S60 31 U.$,C. $$ SS0l €612, whioh dotalla the admlnlslrativo romedles lor lalse chlme and elatemente made) Fsdsisl Dsbt StatusAll r6clplsnts are required lo be non dellnquant ln tholr rcpayment of any lederal debt. Exanrples ol rulevant debt lnclude dellnquent payroll and other h)G$, audlt dlsallowancee, and bonefil overpaymsnts. Sae OMB CNrcular A-120. Federal Leadershlp on Heduclng Text ltesoaglng whlle Dilvlng Rectplenls ate encouraged lo Adopt and €nforce pollcleu that ban le6 meesaglng whlle drlvlng reclplent' owfied, r6cipignt{onted, orpdvatolyo$/ned vehlcleg when on oficlalgotremmont buslnese orwhen performlng any work lor or on bshalf ol tha Federal Oovernmenl. Recipients are also encouraged io conduct tho lnltlailvos ol tha type descrlbd in Bectlon 0(a) ol Executlve Order 18513. Artlcle 20 Arllcle 21 ,il:llclez2 DHS-FEMA-HSGP.SHSP-FY25 Page 34 of 55 Kittltas County, E26-350 Artlcle2$ Artlclo24 Artlole25 ArUcle 26 Ardole 27 Aillcle28 Fly Amoilcr Act ol 197[ Reclplonts mu$t comply wllh Prelerencs lor U,S. Flag Alt Cinlere (a llst ol cortlfred alr cairlers can be lound at Cerllfrcated Alr CardErs Llst I U$ Departmint ol Transportation, httpu/lwww.transponailon.gov/pollcy/avlation- policy/certificate&alrcanlers-llsl)lLr lnternallonal ahlraneportallonof people an{.ptoptttv io th6 extent ttrat such sorvlce ls avallable, ln accordance wlth lhe lntematlonal Alr Transportallon FalrCompetilirre PraotlaesActol 7974,49 U.S.C' $ 40118' and lhe lnterpietative guldellnes issued hy ihe Complrollsr Genoral ol the Unlt€d Slates ln ths Mardh 41, 1961, amendmontio complmller Gonernl Declslon B'1s8942. Hotel and llotel Flre $afety Act of lgpo Reclplents mud enEure hat all conlerence, meetlng, convendon, orlralnlng epacelunded 9ltll-€lyor ln_part byfederalaward lunds compil& wfih thefiro preventlon inO contnl guldellnes ot Sectlon 6 ol the Hotol and Morol Flm Fafsty Aot ot 1990, 15 U.s.C. $ 22254' John S. llo0aln Natlonal Dsfense Auilrorlzatlon Acl of Fhcal Year 201S Rooipisnls, eubredplents, and lhsir oonlractot8 and subcontrachrs aG subJecl to tho protriUttlonir descrttied ln s€cdon 88S ol tho John $. Mccain Nallonal Delenm Agthorlzation Actlor FlscalYesr20lg, Pub" L, No. llS'2$2 (2018)and 2 C.F'R'$$ 200,216,200.S27,20AA71,w'rd Appendlx llto 2 C.F'R. Part 200, Th€ statuto - as lt appllss lO DHS reclplonts,0ubreclplente, and iheh contractorc And suboonlraotols - pi6ninrcoUgaUngbrexpendlng ledoffilaward lund$ on certaln iolecommunlcailons and hUeo surudllance proOuite add-contractlng wlth csrtaln sntliles for nailonal security laA80n8, Ltmlled Englleh Proficlency (GMl Hlghtl Afi o11964, Tltle vl) Relplente muet comply wlthillle vl ol the clvil itlghts Act ol 1s64 (42 U.s.C. $ 2000d et 8oq.) pnrhlbnlon agath& ahcdmlnatlon on lhe basf of natlonal odgin, whloh requhee that ruciplents of ddenal fnanclal assi6t6nco takg reasonable eteps to provldo meanlngful acoeee lo pofBon$ wlth limlled Englldr pmficioncy {LEP) to tholr programs and $oruice$. For hOOttionat a$slstance ard lnformatlon rsgadlng language acceas obllgatlone, ploase reler to the DHg Roclplont Gluldance: htlp6/i,utrvu'r.dhs.ggv/guldanc€-pirbllrhed'help' Ospartment.zupporlei.organlzatlonsprovldemeanlnglul.accees'people"llmlted and addillonal rcsources on htlp/Aatuvuv.lep.gw. Lobbylng prohlbltlons Reclpiente must mmplywlth sl u.s.6. $ 1352 and 6 c,F.R, fart g, wfr'lch provlde fiat non-e of the lunds pro/ded under a lederal award may be eryended by ih6f6clpi6nt to pay any per$on lo infruonco, or attompl to lfifluenco an officer or'emptOyei of any aiqncy, d Mamfor ol Congrusg, An offcqr or employee o1 Congres$' or an bm'ployee ot-a fremtiir ot Gongress ln connecilon wlth any loderal actlon rulatod lo a federal'award of @ntracl, lnCludng any extenglon, c6nllnuAtlpn, t€nerrgl,.am6ndmenl, or moOmcamn. FEr 6 C.F.Fi. Part e, ieclilents mu$lf,ls a lobbylng certlfrcatlon lorm as described ln Appendix A to 6 G.F.R. Part I or avallable on Grante,gov as tho Grants.golt lo5Uyrng Fomi irnd fite a tobbgng discloeure lonn as doscdbed ln Appsnqll!1g 6 C.F,R. Part g oiavailable on Granle4ov as lhe DleclosurB ol Lobb$ng Actlvlilee (SF LLL). t{atlonnl Envlronmontal FollcyAct Hoclplen6 mueicomplywiththbrequlremente ol tho Natlonal Envlronmenlal PollcyActof 1969, Pub. L. No. 91-100 (1970) (codlfied as imenOeO ai +a U.S.$. $ 4921 etieq.) (NEPA) and lhe Counoll on Envlnnmenlal Ouallty (GEO) Regutatlone tor implemen$ng-ih Prucbdqral Frovlslons ol NEPA, whlch requhe ractpt6ntelo use all praAi'cable meane wlthin thelr authoritS.and conslstent wfthothof *$nilat coneldenations of natlonal pollcy, lo creato and malntaln condltlong undsr whlch peopta ana nafure can odet ln pmductlve harmoly and lulfill the soclal, 6conomlc, and other needs ol presentandfutul€ gonoialiono of Amerlcane. DHS.FEMA.HSGP-SHSP-FY26 Page 35 of55 Kittitas County, E26-350 Artlole 29 Afilcleg0 ArtlcleSl tuilclo02 Artlcle0S ArUoleA4 Notlonal $scurlty Preoldentlnl Memorandum-33 (NSPM-80) and provlalone ol the cHlps and sclence Act of 2024 Pub. L, ","17-167,S6cllon 10254 (1) Reclplent rssearch lnelllutlons ("cover€d lndllluilons") must oomply with the requiremonls ln N$FM€aand provlelonuol Pub. L.l17-187,gecllon 10254 (codlfiedat42 U.$.G. $ 1SS51) c€rllMng lhat the lnstltutlon ha8 establlsh€d and operatos a rosaarch secuflty program that indudes dsmont$ rslatlng to: (a) oyberuecudu (b) forelgn travelseaurlty; (c) reeeareh securlty tralnlng; 6nd (d) eryort control lnalnlng, ao approprlate. (2) nefinltton. 'Govered lnetllullons" meang reclplent rcsearch lnglltutlone recefulng lederal Research and Developmenl {R&D) eclence and englnoerlng support 'ln exeess ol $50 mllllon poryear.' t{on $upplanllng Requlremant Rsclplents olf€deralawalds under programs lltat prohlblt supplantlng by law musl ensurc lhat ledoral lur$s eupplemffit but do not supplant non-lederal lunds lhat, ln tho abgsnca ol such lederal funds, wotld othErwiee have been made avallabls lor tho same purpose. Presldentld Exeaudve Ordero Recipienlo muet comply with lhe ruquirument$ ot Presldentlal Executlve Ordere related io grants (also known as lederal assletanoe and fnanclal assletance), the lull toxt ol whlch are lncorpomted by rdemnce. proouremont ol Rscoverud Halgrlals States, polltlcal eubdlvlelons of statosr and lhelr contractors must comply wllh $ecthn 6002 of th6 $olld waete Dlsposal Act, Pub, L, No' $g-nz (1S65) (codlfr€d as amended ry tho Re8oulte Consgn atlon and Recovery Ac{ at 42 U.S,C. $ 0S62) and 2 G.F.R, $ 200.323. The requlremenls ol Sestlon 6002lncludo procurlng only lteme deslgnated in guldellnes ol lhe Envlronmental pmtectlort Agongy. ifpn) at ao C, F.n. Pdrl2/IT lhat contaln lha hlghg$t porcentaga of rtcovered malerhls practlcablo, consistent wlth malntalnlng a $a{efactory level ol compelltlon. Noilae of Fundlng opportunlty Requlrom6nts All tho lnstructlons, guldancs, llmltatlone, scope of work, and other condltlons 8ot lorlh ln tho Notlce of Fundlng Opportunlty (NOFO) lorthleloderalawardare Incorporated byrehrenco. Allreclplenls must complfwlth any euch requlBment$ $et forth ln the NOFO. It a condltlon of tho NOFO ls lnconslstont wllh those torms and oonditlons and any such terms ol the lederal arrvar4 the condltlon ln tho NoFo shall be lnvslld to lhe sxlont of lho lnconelstency. The rsmalnder ol that condltlon and all other condltlone set lorth ln the NOFO ehall remaln ln afiect. patsnts and lntollootual Property Rlglrt* Roclplonts arc eubject lo lhe Bqyh'Dole Acl, S5 U.S.6, $ 200 et s6q, 6nd appllcabla regulallons governlng lnventlone and patenle, lncludlng the rogulatlons lseued by lhe Dopsrtment of Commsrce at 37 C.F.R. Parl 401 {Rlghle to lnventlone Made by Nonprofit frganizatlone and $mall Buelness Firme undor Go\mmment Award$, Contract$, and Goopera{va Agreement$ and lhe standad patont rights clauee set forlh at g7 C.F.R. $ 401.14, Arilclo 35 tullcle36 Rehdhllltailon Act of 1970 Reclplante mu$t complytvllh tho rdqulreffonts of soclion 504otlhe Rehabllltatlon Aelol1976, Pub. L. No, s3-112 (codllled ae amend€dat29 U.S.C. $ 794), whlch provldeothatnootherwlsequallfied handicappod lndlvldmlr ln fie Unhed Etates wlll, eolely by teason ol the handcap, be exduded lrum partlclpallon ln, be denlad the benofits ol, or ba subloct€d lo dscrimlnation under any prugram or actlvlty recelvlng lederal financlal as$lstanco. Artlcle 07 Reportlng Reclplent lntogtlty and Performance ilatbro lf lhe tolal value of any cun€ntly actlvo grants, coopgrallve agreemsnls, and proourement Contract8 lrom all {ederal awardlng agonde$ exce€ds $10,000,000 lor any pefiod of tlme durlng the perlod ol performance of lhe federal award, lhen lhe redplent mu$t comply wlth ho requlremenls sst lorth ln fte govornment-wldo lGderal 6ward term and condltlon lor ReClplent lntegrlty and Perlonnance Matters ls ln 2 G,F.R, Part 200, Appendlx Xll, lhe lull ioxt of whlch ls lncorporated by rcference. Raportlng $ubawarda and Exe0utlvo Compenoallon Forlederalawardslhattotalor erceed $30,000, redplente are requlnd to comply wlth lhe raqulroments eet lorlh ln the government wide lederal award tem and condltlon on Reportlng Subawade and hecutlve Compensatlon sot lorlh at 2 C.F.R. Part 1 70, Appendlx A, lhe lull texl ol wltlch ls lncorporaled by rcferance. DHS.FEMA-HSGP.SHSP.FY2s Page 36 of 55 Kittitas County, E26-350 Arllclo 38 ReqUlred Use ol Amerlcan hon, Steel, llanulrclured producls, and Gonstuctlon tlaiorlals (1) Reclpl6nh ol a lederal award fmm a fnanclal aselslance program thal provides fuhiing fo:r tnlra*ructuraa16 hsr€bynotlfied lhat none ol lholuilds pmvld€d ilnder thle lederil a'aad may be ueed lor a project lor lnfrastruclure unlees: (a) all lmn and st€ol used ln tlre pmjeciare produced ln lho Unltd Slates-lhle rneans all mgnutacturlng prcceisoi, lrom the lnlilal melung slage thrcugh tho appllcatlon ol coallngs, occir'red tn the Unlt€d State$ (b) all manulaclured produclsrsed ln the prolect are produoed ln ttre Unlted Statac-this monns tho manufactured poducl was . mariulauturcd ln the united gtat6s; and th6 co8t ol ths compononts ol tho manulactured product lhat aru mlned, produced, or manufactured ln the Unlted gtates l8 groalor than bS percontol the tolal iist of all componente of tho manulaclursd product, unlese andfier standard lordeterminlng thehlnlmum amountof domestlc content oltho manulacturud produot hae been ostabllshed under appllcablO law or rcgulatlon; and{c) allconetuAbi matodald are manulaclured in tho Unil€d glatoc-hlsmoansfiat atl manulactudng prnce$se$ tor the coil$lrucllon materlal occuflud ln th6 tlnitad $tat66. (2) The Buy Amerlin preference only appllos to artlclgs, materlals, and suppllee lhai are coneunied in, lncoiporated lnto, ir dtfrrcd to an lntfaslruclum projecl' As such, lt doae noi appty to tooli, equlpment, and suppllee, euch as tefiporary gcaff${lngr bmughl to the cinstructton stte and removed at or bofore lhe completlon ol the lnlrastrllclure proiect' Nor doos a Buy Amerlca pretordnco apply l0 Gquipment 0ild luml$hlng$, such as movAble chalri, de*ke , and porlable iOmputer equlpment, that are used at or wllhln the fnlehed lnlraelructum proiect but aro not an lnt€gral part of the slruc{ul€ or permanently affxod to tho 'ntrnetrudtur6 project. (3) Waiven When neceesary, reclplentc may apply {or, and theagmcy maygrint, a waiverlrom thoser€quldments. Theagencystould noilly tho r€dptenftor lnmrmatlon on lhe prOoesg for r€quesllng a waivor lrom.lhoso ,equiramEfirts. {a) When the Federal agericy has dolormindd that one ol lho fOllowlng exdep{ons apdl6s, the l€deral awardlng offclal may walvolho applicatlon o! tho &dstb oontbnt pmcur€m€nt preference ln any case ln whlch the agency dolormlno{ fia[ {|) applylng tha domesilcoonteit prucurementprelerence would beinconsldtont wlth tre pu'Uttiiniereet; fli) fhe fpes ol lmn, st66l, manulactured producl0, orconstructlon mat€fials arc not proiuced in fte Unlted $htss h eufrclent and r€aitonablyavallable quanllffee or ol a iatlstactory quallty; or (ili) the lncluelon of lron, ste€|, manulactured products, or congtructlon mitdriats produced ln tha Unltod Statee wlll lncmase the cost of itre wemtl project by more than 25 percent, (b) A ruquost to walve ttre appllcatlon of thg domeelb cbnfd pricumment prel6rencs muel bo in wilting. The agenoy will ptovlde lnslrucllons ofl thE format, C0nlirnt6, and supportlng mat€dalg t€qulred lor any walver rque$, Walv€r r€qu66ls aro subject to pubtlc comment poriod$ ol no lese than 16 ddys ani must be revlewed Uy tre Madb ln Amsrlca Odftce. (c) There may be lnglancos whero a lederal awad qusll{gg-, ln whola or ln part, lor an erdetlng walver descrlhed at "Buy Amerlcao preterdnco tn FEMA FlnaiCiaiAsslgtanco Prcgnmelor lnl6structurc | FEMA"gov. (4) Definllione. Tho dofinitlons appllcabh fo thls tenn 6€ sot forth at 2 C'F.R, $ 1043, th6lullloxt ol whlch le lncorporated by relomnco. Artlcl€39 SAFECOII Reclplerte recelvlng lederalawardo made undor programs lhat provlde ilrflergilngy ?,ommunlcationequlpnrantand lte ralated actlvllles mu*t complyuilhthe SAFECOM Guldanoelor iimergency Qommunlcatlon Grante,lncluding provielongon lechnlcal standardg that engure and enhance lntsroparnble Communlcatlong. The SAFECOM Guldanoe is updated annually and can ba found at Funding and gustalnffi6nt lcr$A. Artlcle 40 $ubreclplenl llonltorlng rnd llanngemenl Pacs.through enfllles mustcomply_whh _ the requliemente for suOroclplent monltoring and management ae sd forlh ln 2 C.F.R' $$ 200.331€S3. DHS-FEMA-HSGP'SHSP.FY25 Page 37 of 56 Kittitas County, E26-350 fttlclo41 Aruclo42 Artlcle 43 Arllcle rt4 system lor Awffd uanagsment and unlque Entlty ldentlf,er Roqulremenlr Aictptents are requlred to oomply with lhe requlremonts set lorth ln lhe governmontwlde {edennl award term and condltlin regardlng the $ystem for Award Managemenl and Unlque Entlty ldentlfiar Requlremente ln 2 b.F.H. Part 25, Appendlx A, iho lull text ol whlch is lncoporatod roforenco. Terrorlol Flnanclng Redplenle must complywllh ExEcutlve Order 13224 and applicable $btutory pontdtlone on taneaciions wlth, and the provlelons ol tbsourcse and sliport to, lndvldrials and organlzatlons aesmlated wlft terrorlem. Reclplente are legally dfonslUte tor eneurlng complianco wllh lho B(€culivs Order and laws. Ternlnallon of a Foderal Atmrd (1) By DHS. DH$ meytermlnats aledeialaward' ln whole orln part, for lhe following roasiner (a) ff lhe rociplent lalls locgmRlywlth the terms arrd conditiins ol the ledoral arrTard; (b) Wth lhe consont ol tho ruclplonl, ln $rfilch case ttre parttes must agr€o upon lhelermiriatlon condlllons, lncludingthe*effectivedale, and ln tlie case ol pilial ten;lnatlon, the portlon to be temlnaled; or {c) Pureuant to- tha tormp and condllloni Ol the f€doral atind, lncludng, lo tho extent authorlz€d hy lAw' ll lho federal award no longer offecluatos lhe progiam goals or agency prloritles. (0) By the Rectplent fne reclpienl may termlnate the federClaward, ln whole or ln parl,_by eendlng writtin notificatlon io DHS etatlng the reasns lor such lermlnallon, the offectlve dato, and ln the case ol panial lorfflnatlon, lhe porllon io bo terminatcd. Howover' il DH$ detomlnee thit tho r€mainlng porilon ol tho fedotal ayrard wlll not aocompjlsh lho ourooses for vvhlch tho ledenal'avrrard was made, DHS may torminate lho ledeml award ln itsinttrety. (4) Notlco. Eltherparlywlll provldewrltlen notlceolintefitotormlnatetorany reason to ttrb bthar party no l6ss *ian tiO catenOar days prior to tho effqcilve dale ot tho termlnatlon. (5) Sorirdidrnco wllh Clos€out Requlrsments fu Termlnated Awards. The reciptent muit'oontlnue to comply wlth closeout requlremenE ln 2 C.F.R. $$ 200.3/r'l200.845 afteran award ls termlnated. Artlcle 45 Traficklng Vlcdms Protocilon Act of 2000(fVpA) Roclplents must cofiply wlth tho pqulrements of lhe govemment-wlde federal award lerm and condtU* y]ttt! . ^ lmitemente tnmcKng vlctims Prolectlon Aot 012000, Pub. L' No. 100'98s, $ 106 lciOineO as amenOeO at Ze U.S.C. $ 7104). The federal award term and condition ls ln 2 C. F.R. $ 175,1 05, lhs lult toxt of t rrhlch le lncorporated by rcferenco. unltlng and $rl.engrhanlng Amerlcr by Provldlng Appropdate {oqls.Hequlred lo lntercipt and ObstructTeinrlsm (USA pATRIOI) Act of 2001, Pub. L 10765 Reclpiente muet comply with the reqrjrements oJ Pub, L, 107'56, $ecilon 817 of lhe USA PATHIOTAct, whlch amends 18 U.S.C. $$ 175-175c. Uee of DH$ $eal, Logo and Flagr Reclpients musl oblaln written pefflsslon from DHS prlorto using thebH8 smle,logos; dreate;or repruductlons of fl1gs;ollikeru*ses ot DFiS agency ofrclats. ttrie lncludes u$e of DHB component (e0., FEMA' Cl$A' elc) seals, log;,s, cie$e, or reprodrctions offfage, or llkenessosol compon€nt ofichlg. Whhdeblowor Probctlon Acl R€clptanls musl comply with lhs statutory requlruments {or whlstlebtower protecllone ln 1 0 U.$.C $ 470141 U.S.C. g 4712' Artlclg 46 Artlols 47 DHS.FEMA.HSGP-SHSP-FY2s Page 38 of 55 Kittitas County, E26-360 fttlclo48 Artlclo 49 Envlronmonlal Plannlng dnd Hlstorlc Preren atlon (EHF) Hovlew DHSIFEMA lunded aCtlvltles ftAt could have an lmpact on lhg snvlmnmenl al6 subiect to tho FEMA EHF revlew prooeoe. Thle revlewdoes nol addres$ all federal, slate, and local ruqulrementi. Aooeptanco of {edoral lundlng requkes {hs reclpiont to comply wlth all hderal, state, and ldcal laws. DHS/FEMA ls rcquircd to conslder tho potentlal impacts to natur6l and cultural reeources ot all pbj€cts lunded by DHS/FEMA grant lunds, thmugh Its EHP rbviow proc6$s, as mqndated byi the National Envlronmental Policy Act; EndEngsrcd Sjedes Act Natlonal Hl$lorlc PrcEerva$on Act ol 19ts6, ae amended; Glean Wat6rAct; Cl6an Alr Act Natlonal Flood lneurAnce Progrdm regutatlonsi and any other appllcablo laws, r€gulallons and execullve orders' Qenelal guldance lor FEMA g.EHP pidcees le avallable on tho OH9/FEMA Webslte. Speclf,c applicant guldanceon how to bubmit lnlormatlon lor EHF revlew dependg on tho lildividual grant program, Appllcants ghould oontact thoh grant program officer lo bo put lnto conlact wlth EHP $tatr rulponel$e lor asslsilng lhelr speclfrc grant program. The FEMA EHP rcvlew procsos muit Ue comptoted bolore funds are reloased to carry out lhe proposed project; olh$rwiso, pHslFgtytl,may nol be able to lund the proiect due to noncompllgnco wlth EHP laws, executlve odor6, regulatlone, and polldea, DH$/FEIIA may aleo neod to perform 6 prOject clos6ou$6vi6w io 6nsur€ th€ appllcant colfiplled wlth all ruqulrud EHP bndittonerlOEntifred ln the lnlllal revlsw. ll ground dloturbing actlvltles occur durlng conslructlon, lho applicanl will monllor tho grcund dlstu&ance, and lf any pol€nilal archaeologic,al rpsources arc dlscoverdd, lho appllcantveill lmm€dlatolyc€aee$ork ln {rat arsa arrd notlty the padethmugh sntity, lf appllcable, and DHSFEMA' EO 11088' Floodplain Managbmeni, and EO 1 i 990, protectlon ol Wetland$, r€qulro that all lederul acllons ln or afec{lng the floodplaln or wetlgnds bo rovlenod for opportunltles lo l6l0cate, aRd bo ovaluated loieocial, economlc, hlgloilcal, envlronmenhl, legal' and salety conslderatlons. FEMA'g rggulAtions at 44 C.F.R. Part 0 lmplement lhe EOe and requlre an oight"slep rarlew prcce* ll a proposed actlon lo.ln a floodplaln or $rdland or has tho potentlal to iffect or 6o affocbd by a noodplaln or wetland. The regulallon aleo_requlree . ihat ttre tederal agencyprovlde puUnc notice ol lhe proposed actlon at thq earliest posslble ilm6 lo provtOe ttre opportunlly lor publlc lnrrolvement ln the decl$lon{akhg bmoase (44 C.F.R. $ 9.6). Where thoru l$ no opponunily lo relocato lha tedoral actlon, FEURis requirsd to undorhkea dotalled ruvieurtodotormlno what measureecan be laken to mlnlmlzo future damagos to the floodplaln or welland Appllcablllly of DHg Standild Tsrms and Condltlons to Trlbal ilntlons The DH8 $Undard Termg and Conditlone are a rottatoment of gelteml requlremenB lmpoeed upon reclplents and flow dotiln lo sub.mclplenls as a ffattor of law' twulatlon' or eio9utlve order. ll lhs roqulremont doos not apply to Trlbal Nations, or lhero ld a fedaral law or regulatlon ercmptlhg lte appllcatlon to Trlbal Natlons,lhon lho accaptance by Trlbal Nations, Or acqulo8c€nco to DHS Standard Terme and Condltions doos not chango or alter lts lnappllcabllltylo a Trlbal Nallon. The orecutlon of grant documonls ls nol int6nd6d to chang-e, alter, amand, or lmpo$e addltlonal llabillly or responeiblllty upon lhe Trlbal Natlon6 !'vher€ it doos not alr€ady o)dsl' AGcoplanco ol post Award Chnnges h lho ovont FEMA dstsmlnes that an eror ln the arirard packago has b66n made, or ll An admlnletrailve change must bo mado lo lho award pacisge, reclplents wlll be nofffred of lhe change ln wrlling' Once the notlfrqatlon has bebn made, any subeequent r€qrftrsls for funds wlll indicato reclplent acceptance of lho changos to fte avuard. Please small FEMA Gant Managemont Operations at: ABK' GMD@femadhsgov lor any que$llon$. Arflclo 50 DHS-FEMA-HSGP.SHSP-FY2 6 Page 39 of 55 Kittitas County, E26-350 Artlcls 51 Arilcla 52 ArtlcleSS Arllcle 54 ArflolB 55 Elsposltlon of Equlpment Acquhed Under the Federal Award Wun origlnal or rBphcement equlpment acqulred under thls award le no longer needed lor lhe origlnal prbpct or progmrir or for other activltlas cuft€ntly or pravlouely cupporled by.a ledaral iwirdlng igency, the non.state reclplent or subreclplent (includlng subreclplents of a gtate or-trhat t',iritton1, muEt rsquesi lnstructlons{rom FEtrtA to mako proper dlspo$ltlon ol lheoqulpment purduant to 2 C.F.R. sectlon 200SlS(s). $itato r€clplent0 mu$t lollow the dleposltlon requlrements ln aocordance wlth Siato laws and proceduree. 2 C.F'R. sectlori2oO.atS(b). Tribal NationB mudt lollow tlre diepoeltlon rcqulrementB in .. accordancF wilh'Trlbal lawe and procedures noted ln 2 C.F,R. seclion 200.319(b); and il such hws and proc€duro$ do noted$t,lhon Trlhar Nailons musl lollowlho dl6po$ltl0n lnstrucdons in 2 C.F.R. soctlon 200.S13(o). Pflor Approvil lor ilodlffcftlon ot Apptovsd Budget B6lore maklng any ohange to the FEIiA appmv€d budgot lor thls award, a wrltlen requFst muct be $ubmltted and approved by FEMA as requksd by 2 C.F.R. soctlon 200,908, For purpocos of non' cinetructton proigcts, FEIT A ls utlllzlng lte dlecretlon to lmposean addltional ro$lrlollon under 2 C.F,h. e,ectton 200.30S(l) regpldlng lho tranufer d lunds among direct cost Gal6gorl6$, prugram$, funcllong, or actlvltlos. For an'ade wlfi an approved budget wheru the lederat inare tc gmater han thE $lmplifred aoqulalfon threnhold (curently $260,000) and where the cumulallve amounl 0f cucfi ir6nelere excoods or lt expected to oceed ten p6rc6nt (107€) ol the total budget FEMA last approved, tranelerrlng {unde among dlrect boetcatdgsilde, pmgrams, functlons, or,actlvltles ls unallowahlewlthoutptlorwdlt€n approval fiom FEMA. For purpm6$ of awatds lhat $upport bolh conEtrudlon a4 n*' cbiretructlon worlt 2 C.F.R. sectlon 200308(txg) requhee the reclplent to obtaln prlot wrltton approval lmm FEMA before maklng arry fund or budgst tran$fors bolureon fie two type$ ol itork. Any devlatlons lrom a FEMA apprwed budget must bo. mported ln the firct Fidaral Flnancial-Repon (SF.425) lhal le submltled following any budget deviallon, rugatdeea of whether thebudget dot/hlion r€qulrau prlor wrlllen approval. lndlrect Cost Rate 2 C,F.R, sectlon 200,21t (bX16) reqriree the terms ol fio award to lnclude the lrdirecl oost rat€ for ths ted6€t award, ll applcable, lha lrtdirect coot ral6 for lh6 award ls slal€d ln the budget documont$ or other materlals approved by FEMA and lncluded ln lha award fle. Bultd Amerlca, Buy Amerlca Act (BABAAI Requlnd Contract Provle lon & $ell' Gerllficailon ln additlon to the DHS thndard Terms & Condlllons tegarding Requlrud Use ol Amerloan lron, St@|, Manufactuned Frodrcle, and Conslructlon Mnterials' rcclplenis and suh€clpldfis ol FEMA financlal aeaietance lor program$ that aF subject to tilBRR muel lndudb a Buy America preleronco contHcl provlslon ae noted ln 2 C.F.R. soctlon 184.4 and a selt-cortino*bn as mquir€d by tho FEMA Buy Amerlca Prelemnce in FEMA Flnanclal Asslstancs Programs lor lnlraelructurc (FEMA lntedm Pollcy f207-22' 0001). This requlr6ment appllos lo all subawhrds, contiacl0, and purchase qdep for work performed, or producte supplled under the FEMA award subjoct to BABM. OF$G Program Psrlormanca Goal ln addl$on to lha Biannual Etralegy lmplementailon Hsport (BSIR) eubmleeion requlrerrente outllned ln fie Preparednees GrLnts Manual, rcciplenie must demonsyaie lrow lhe grant-lunded prolect addressod fie coro capabllity gap iesoclated wittr tlrls poject and ldenllfied ln tho Thrcat and Hazard ldanfifid*bn inO htsnnnaUeia (THIRA) or Stakelrolder Preparednees Revlew (SPR) or eustalne exisling capabllitbl as appllcahle. The capability gap rcductlon or capabillty sustalnment mugt be addressod ln Sre Proiect Descrlptlon of the BSIR for each pruJecl. DHS.FEMA-HSGP-SHSP.FY25 Page 40 of55 Kittitas County, E26-350 ArtlclE 56 Arllale 57 Thlr arllcle has boon romovod Artlcle 58 Op6trtlon $tonegarden Program Hold The reclpient ls prohlbited {rom drawlng down OitBG lundlng under thls award or rclmburelng OP$G eubroclpients of thls a$ad untll eadr unlque, speclfrc, or modlfred munty hvel, tdbal, or equlvalont Oporatlons Oder or Fragmeniary Order (FHAGO) hae boen rsvlerved by FEMAffiPO and Cusloms and Border PrabuiodUntteC gtdtes Bordor Patrol (CBP/USBP). The reclpient wlll rucdve lho offcial notiftoatlon ol approval lrom FEMA/GPO, H$QP Perlormnnce Gorl In addilion lo the Blannualgttatogy lmplemontailon Report {BBIR) submlsslon rcquhument$ outlinod ln the Froparedne$ Oranb Manual, reclplenls must demonstrato how the grant-funded proiect addressed the oore capablllty gap a$soclated wlth thls proJect and ldentlfi€d ln lhe Thrcat and Hazard ldentlficatlon and Rlsk Analysle (TI"llRA) or Slgk€holder Preparudnese Revlew (sPR) of sustalns oxistlng capabllltlC* ae appllcable. Tho capablllly gap reducllon must be sdd'E$sed ln the PmJect Descripllon ol lho B$lR lor each proleci. Non Appllcablllty ol $peclfio Agreement Ardclee Notwlthstanding lte lncluolon ln thls awud pickage, lho lollolvlng Agreomont Artlcle does not opply to lhl6 granl 6utad: I ' tormln-atlon dri a Federal Award. Thts pnvlslon ls consl$lont wlth any brms ot tho Notlco ol Fundlng Opportunity lhat slato Faragrsph C.XL (Termlnation of a Federal Award). ol tho Fy 2026 b't tg staildad Tarms and oondltlon$ doos not apply to ttls awad. Reler to lhe Notloe of Fundlng Opporlunlty lor tho t€tmr gwernlng award termlnatlon. Artlcle SO Arllole 60 Perlod of porfomance and Eudgbt Perlod NohMth8landhg language ln lhe Obllgatlng Documenl or ln the olher torms d ihte awad packagb, tho Perlod ot Performance and tho Budgot Pedod lor thls grsnl award le Oclobsr 1, 20!5 to Soptembor 30, 2026. The Pedod of Perbrmanco and Budget Perlod staied ln tho Obllgallng Dgcument €hall not apply. DHS.FEMA-HSGP.SHSP-FY25 Page41 of55 Kittitas County, E26-360 Artlcle6l Slate Homsland Securtty Ptogram: CompllancE wllh Federal lmmlgrntlon Law The lollowlng torm applles lo glale Homdand $ocurtty Program lundlng under ihls award: 1 . Prohlbltlon a. Ths state, terrltorial, or local reclplent la pmhlbltod lrom belng deslgnated by lhe Department of Homeland $eeurlty or lhe D€parffiont ol JusilP as a sanctuary jurhdictlon. ll lhe Department ot Homoland $ecurity or Department ol Justlco doslgnates a state or tordtory as a sanduary lurl$dictlon all6r fte DQpartmont ol Homdand Secu|lv makes a grant award, lhe state or teffltotlal ruclpiont ls ptohlbited lrom maklng any financlal obllgallons under lhe grant award on or after tho date ol deslgnation untli me Oepartment of Homeland Securlty mmov68 that dagignadon. The Department ol Homelarid Security will su$pond thst porlion ol the glant Award supported by risk-baeed luftdlng and not make payments lo lhs slate or t€nltorlal reclphnt on or aiter the date of deslgnation untll tho Dopartment of Homehnd Security or Dopartmont of Justlce removes lhatdeslgnatlon. Thls term and condlllon applles to the lundlng provlded under lho rplaltro rlek methodology pureuant to Seclion 2007 ol tho Homeland Socudty Actol2002 (6 U.$.G. $ 60S) anddoesnolapplytothemlnlmumallooatlon tothatstatoor t€nltory rdquhed by Secdon2004(s) ol the Horncland SecurityAct of 2002 (S U'8.C. $ 60s(e)). b. ihe state, terrltodal, or lochl rsclpl€nt l$ prohlbltod lrom maklng eubawards to a slate, toritorlal, or local governrnont {hat tho Doparlmerlt ol l'lomeland $ecuriv or Dopartmonl ol Ju$llco has deslgnated as 6sanctuaryJurlsdlctlon. ll the.Depanment of Ho'mEhnd $ecurlty or Deporlment ol Justlco deslgnates a state, torrltorial, or local go/6rnment as asanctuaryJurlsdlction after the stalo,lerltorial, or local governmont r€sipient makss a eubaward to lhat stato, terrllorlal, or local go\,6rnmonl, the stalo' ienitOdal, or lOcAl reclplenl muSt suepend lhe subaward, lhe slato, terrilorlal, or local reciplent must nol make any addtional payments lo lho stalo, torltorial, or local govornmont, and lhe slate, torritodal, or local govommont i0 prohiblted lrum making dny finanqlal Obllgallons underthe subaruad onand afterlhe dateof deelgnation un{lthe Dopartmenl ol Homaland SeCurity or Dopanmenl ol Justlcs removes trat deslgnalion. This term and condltlon appllss to all lundlng provlded lo the etats or tedtorial rsciplant, includlng bolh ths statrtory minlmum ae well as flek"based lundlng allocatlons. c. Tha Doparlmpnt of Homeland $ecurlty doslgnalos a 6talo, territory, or local govemmont as a sanctuary furledlctlon lf it falls to cornplywllh lhal rcqulrcmontsset lofih ln para$raphs U.a.i to vbi thls iorm and condition. 2. Cerllfication a, The $tato, lordtorial ot local r€clpient and eubrcciplente must cortlly under penalg of perjury pureuant to 28 U,$.C. $ 1746, and uslng a lomi that ls 6ccoplable to the Dspartmonl d Homoland $ecudty, fiat theywlll comply Um me dbvdn! roqulremento related lo ooordlnation and oooperatlon vullh lhe Ihplriment of Homeland Security and lmmlgration oficlal$ l. They will cumply wllh lhe reciuhemente of 0 U.S,C, $$ 1370 and 16114. Thosa stalutes prohlblt reslrlclions on lnlirmatlon eharlng by stat6 and local govemment onllilog wlth tho Dgparlmont ol Homeland $ecudty rcgardng the clllzenshlp or lmmlgralion statu$, hwful or unlauvlul, ol any lndMdga!, Addltlonally, I U,S.C. $ 1373 prohl$ts any porgon or agerry lmm pr6hihitlng, or ln arry way l€strlcling, a Federal, state, or local govornmont ontlty lrom dolng any ot the folletwlng with rrspect to lnformalion rogadlng the immlgratlon $latu8 of any lndMdual: (1) aendlng such lnformation lo, or requostlng or rccefulng euch lnfilrmatlon from. Federal lmmlgratlon oficlalE; (2) malntalnlng guch lnformatlon; or (3) erChanglng euch lnformation wlth anyother Federal, stato, orlooalgoremmentontlty.ll. lhey wltt comply wlth oth6r rolovdnl lawe related to lmmlgraflon, lncludng prohlbltlone on enciuraging or lnducing an sllen to oomo lo, enler, or rEslde ln the Unitod States ln Molatbnbf law,8 U.S.C. $ tgz4taxlxA)(lv), prohlbttlonson lnaneportlng or moving illegalallens, S U.S.C. $ 1324(a){l)(A)(ll), pmhlbltloilson harbodng, oonceallng, or etrleldlng from deiectlon lllegal allene, S U.S.C. $ l32A(aXIX0(lii), and any appllcablo coneplracy, alding or abelting, or attompt llablllty rcgArdlng lheso statutes. lll. Thoy tiuill tronoi requests for cooporatim, such a& pfiielpatlng ln lolni operatione, sharlng ol lnformaildn, or requesfs lor short tsrm detentlon ol an allen punuant to a valld detalner. A jurlsdicllon doee not lail to comply wllh lhls requlrement merely because lt lacks the necee$ry resources to asslst ln a parllcular lnstanoe. lv. Thay wlll provlde acces$ to detalneec, such as when an lmmlgratlon offcar 8€0ks b lnlorviow a porso{t who mlght be a iemovable alien. v. They vulll nol laak or oiherulee publlcizo tho exlstsnco ol an immlgratlon 6nforcomsnt operatlon. b. The etate or terlilorlal reciplent muet requle a .Btate, torltorial, or localgovernment subr€clplont to makolhe carllfrcallon above bsfott providlng them wlffi any iundhg undor tho subaward, 3, Materlallty and Ro/fiedies lor itloncoiripllanceThls tem and condltlon l$ matorlallo lha Departmont of Homeland Sacurltyis doclslon lo contlnue wlth thls grant arlrard and the Dopsrtment ot Homeland Securltir may lake any rcmedy lor noncompllance, lncludlng termlnallon, lf tho slato 0r tenltorlal reitptent or a local governmont subreclplent lalls lo comply wlth thls term and oonditlon, DH S.FEMA.HSG P.SHSP.FY25 Page 42of 55 Kittitas County, E26-350 tutlcle02 Artlcle 60 Ardcle64 Strt6 Homelnnd Securlty Program: Non-Appllcablllty ol $peclfrc Tarms and Agrsomont Ailclos The lollouvlng torm applle$ to S1ata Homeland $ecudty Ptagram fundlng under thls award: Notwlthstandlng thelr lncluslon ln thls award packago, the lollowlng lerms and Agraement Artlcles do not 6pply lo thls grant awerd: (1) paragtaptt C.lX {Communlcatlon and Gmperallon wilh ths Doparlmont ol Homeland Secudty and lmrnlgradon Oficlah) of the DHB Standard Terms and Gordltions and theAgr€omont Arilcla fliled "Gommunlcaflon and Cooperatlon wlth the Dopartm€nt ol Homeland Securlty and lmmlgrailon Offlclals" ln thls awad paokage;ard (2) panEgraph C.XVll(2XaXlll) (Antl-Dlacrlmlnatlon Grant Awud Certlficatlon rugardlng lmmlgrallon) ol lhe DHS Standad Terms and Condlllons and paragraph (zXa)(l[ ol lhe Agreement Arllcle tltled 'Anli;Dlscrlmlnatlon" ln lhle a$rard packag6. Stato Homoland Securlty Program: lmpact ol Srn Franclsco v, Trump Frollmlnary hlundlon Tho lollowlng term applies tostato Homsland $ecurlty Program lundlng under ihle awad: Pureuant lo the prelimlnary lnJuncllon order lssued on Augu$l u'2025,h Clfl and Gounty ol $an Ftancleco, et al. v. Trump, el al,, No. 3:25+v'01S50 (N,D, Oal), the lollowlng tenns afid cor$lilon$ do nol apply to awards 0r subawards bsued loanyof the plalnllffssubjeot toihoprollmlnary lnJunollon orderwhlleths odor rcmalne ln ofoot: (1) paragraph C.X (Communlcdlon and Gooperallon wlih lhe 0opaftunt of Homsland Security and lmrnlgradon Oficlals) of lhe DHB Standard Terms and Condltlons and lho Agreoment lrtlcte tttled "Communlcallon and Cooperaflon wlth fie Dopailmont ol Homdantl $ecurlty and lmmlgratlon Oficlats" ln thls awaid package; (2) paragraph Clfvil(2)(a)(iil) (Antl-Dlscrlmlnailon Grant Award Certlfrcatlon r60adlng immigratlon) of the DH8 Standard Terrne ard oondltlonB and paragraph (a(axlll) of the Agruement Article lltled 'Antl-Dlscrlmlnallon" ln ftls award packaga; and ($) lhe ugHtd Homeland Secudty Program: Compllancewllh Federal lmmlgtatlon Law" Agr€ement Artlcla. lf lhe ptelimlnary injunction is $tayed or extlngul$ed, iho "Stf,to Homeland Secudty Prugram: Compllancewllh Fedoral lmmlgratlon [aw" Agreomont Artlcle wlll lmmodlately become effectivs. Sbl6 Homelrnd Securlty Pro$ram: lmpaot ol $tato of illlnol* u FEilA lnlunsilon Pursuanl to lhg mernorandum and order lgued on SeptEmbor ?A,2}?F,ln Stale ol llllnols, otal. v, Fedenl EmergencyManagementAgency, st. al, No,26-208 (0. R'l),lhe lolloMng termu and ootdltions do not appy to awards or obarryarda leeued lo any ol the plalntlffs sublgctto the lnjunctlon order uvhllotheorder lbmain$ ln elbct: (1) paragraph C.lX (Gommunlcailon and Oooperaflon wllh lho Deparlment ol Homoland $ecudly and lmmlgutlon Offidals) ol lhe DHS Standard Terms and condltlon$ and tho Agreomsnt Affcla ril€d 'lcommunlcation and cooperailon wlth tho Doparlrnonl ol Homeland securlly and lmmigratlon o{ilclalg" ln thle awani package;(2) paragraph c)M@XaXllD 6nll- Dlscrlmlnatlon Gnnnt Award Gertlficallon rcgardlng lmmlgnatlon) of the DH$ $tandard T6rms and Condltlons and paragmph (zXaXiil) of the Agreemenl Altlcle tiiled 'Anti- Dl$crlmlnafion" ln lhls award package; and (0) lho "State Homaland Seourlty Program: Oompllanoe wlth Federal lmmlgradon Law" Agreement Arllcle, lf the lnlunc{on le gtayed, vacaled, orodlngulshsd,lhe "8tate Homgland Securlty Program: Oompllance wlth Fedoral lmmlgratlon Law" Agreement Arllch lt,lll lmm€dlatoly bocome efiectlve. DHS-FEMA-HSGP.SHSP-FY25 Page 43 of55 Kiltitas Counly, E26-350 Artlcle 65 Urban Area Securlty lnlllailve: Gompllance wllh Federal lmmlgrailon LawThe followlng term appllosto Urban Area $ecurlty lnltlativs fundlng under lhlo awad: I . Prohlbitlon a. Ti6 state torilorial, or local govornmont rooiplent lt prohlblled lrom bolng deslgnatad by the Department ol Homeland Security or Dopnrlmont ol Jusllco as a oaniiuary Jurhdictlon. ll the Dopatlment ol Homdand Security or Dopanmont ol Juslico deslgnatbi the $tate, t€rrltory, or local govemment as a sancluary lurlsdctlon after lho Depirtment ot Homaland $icurity has made ths grantawad, tho otalo, tqritorlql, or local government reciplont le prohlblied lrcm maklng any frnanclal obllgatlone under ihe grant award On or aftei the daie ot deElgnatlon untll lhe Department of Homeland $ecurlly or Dopartmenl of Juelloe rcmowe lhal designatlon. Tha Department ot Homaland Eecurlty wlli euspend lho grant award and not make paymont$ to lho st6te; local, or tordtodal ruciplont on or atter the date ot deeignatlon untll ihe D0partmont ol Homohnd_Securlty or Oefartrnent of Justice rcfnows lhat deglgnatlon. b. The state, local, or lordlorlal. rcclplont ls irohlbltedlrom maklng eubnrilardo to a $tats, local, ortenltorla!govemmdnlthat the Dipartment ol Homeland $ecurhy or Deparlmont of Justlco hae deslgnated as $anctuary jurisdlstlon. lf ltts Dopartmont ol Homeland Secudly or Dopadmsnt ol Ju$tlcddoslgnalec i slato, local , or lerdiorlal gwernment as a sanclusry lurledlctlon after the reclpient makesa ouhaward, the redplent must suspond tho suba'nard, tho ruolpl€nt mu$t not makeany addlilonslpayffonte lo thesubtcclplonl. and tho.subrcdplent lb prchlbltad lrom rnatdng dny financlalbHlgatlons und6r th6 subaward on and all6r lho dato ol doslgnatlon untll thO Dipartment of Homeland Becurlty or Deparlmont ol Justloo romovos that deslgnatlon, c, The Deparlment ol Homdand SBculity dosignat€Ba $tat6' tordtory' or bcafgovernment as a sancluary Jurlsdlcilon ll lt lalls to comply wlth fiat requlremente sst forth ln patagraph$ z.a,ito v of ihls tenn and aondltlon, 2. Cor:tlfrcatlot a. Thd 6tat6, terltofiil or hcil r€clpionl and subreclpiente mu8t cortlly undor ponalty d p64ury pursuant to 28 u.s,c. $ 1748, and uelng a lOm lhat le acoeptable lo lho Dspanmonl ol-t{omehnd S6cudty, lhatthey wlll comply wlth lhe lollowlng rtqulremenb ralal€d to coordinatlon and cooperatlon wllh lhe Deparlment ol Homdland Securlty and lmmlgnatlon oficiale l. They will c6mply gith ths roqulr€ments ol I U.S.C. $$ 1670 and I 644. These $atutes proh6lt restilcflbns on lnlormallon tharing rystatoand looalgovemmont enlltl€s wtth ttre bepartrnont of Homoland $erurlty regadtng fie clllzenehlp or lmmigrallon status, latulul or unlavulul, ol arry lndlvldual. Additlonally, I U.S.G. $ 1370 prohlbite any p€rsqn or agency from prohlblting, or in any way reslr'lctlng, a. F€dsml, state, or local governmenientliT lromiolng arry d lhs follou,lng wlth rospe0llo lnlormallon regardlng ihe immlgrallon itatus ol any lndlvidual: (1) sondlng such lnlormatlon lo' or r€qu6sllng 0r receivlng such lnfurmatlon liom, Federal lmrnlgration oficialu; (2) maintaining such lnlormatlon; or (3) exchanglng Such lnlormatlon wlth anyo'thor Fedefal, stdte,or local gov6rnm6nt oRtity. ii. Thoy wlll comply wlth other relevant laws rulated lo lmmlgration, lndudlng prohlblilons on encouraglng or induClng an allen looorylo io, enler, or reslde ln tre Unlted Slates ln vlolatlon of law, I U,8,C. $ 1324 (axf X4flv)' ptohlbltlone on transportlng or movlng lllogalali6ns, E U,B.C. $ 1S24(aXlXA(ll)' plohlbltlonson harbddng, ooncealhgl or Jtrbtdlng lrom detecllon lllagal oliens, S U'6,C. $ rs24(a)(1)(A) (lll), andiny applbade coneplracy, aldlng 0f ab6tting, orattempt [ablllty regardlng lhere itritutes, lll. Thoivvlll honorruquests lorcooperatlon, such as parllclpallng ln lolnt operatlons, sharlng ol lnformation, or rcqussls lor shorl lem detentlon ol an allen pirrsuant to a valld detalner. A Jurlsdlfilon &6b not lall lo c0mply wllh thle roqukement inerely Oilcauoe it lacks lho neieeury resourcoe to a66lst ln a par{cular lnslanoe' iv. Ttrey irvtll povlde acoess to dglalneos, suoh as when an lmmlgratlon offcer geeks to lntorvlow a pergon who mlght bea removablsallen, v. They wlllnol leak or olherwlae pubftclze ihb edstenco ol an lmmlgrallon enlorcomenl oporation, b. Tl]6 $latb or.terltorlal ieclplent muel requlre a stale, torrttorlal, or local gov€rnmsnt subreclplont to maka tho cerincathn abov6 before provldlng lhem wltlt any fundlng under the subaward. DHS.FEMA-HSGP-SHSP-FY2s Page 44 of 55 Klttitas County, E26-350 Artlcle66 Arilcls d7 Artlcle 68 Urban Araa Sscullty lnltlaltvs: t{omAppllcabllltyof Sprclfic Terml nnd Agroement Arllcles The lollowlng term applle$ to Ufuan Aroa Searrlly lnltallve lundlng under lhls a$.ard: Notrvlthstandlng thelr lncluelon ln thle award package, the followlng ierms and Agresment Artlclesdo not applytothls grantawad: (1) paragtuph C.X (Communlcatlon and Cooperatlon wllh lho D6parlmont of Homeland Secudty and lmmlgmtlon Officlals) of the DH$ $tandard Terme and Gondltlons and the Agreement Arilcle titled "Communlcallon and Cooperallon wllh lho lleparlmont ol Homeland Securiff and lmmlgratlon Olflclal$" ln lhls award package; and (2) paingrqph C,XVI(zXaXllD (Antl"Dlscrlmlnatlon Grant Award Gertlficallon rcgardlng immlgmilon) of tho -Dryq $tandard TermE and Condlllons and paragraph €XaXlll) of theAgr€omont Artlcle tltled "Anll-Dlecrlmlnalion' ln thls award package. Urban Atea $ecurlty lnltlrtlvs: lmprct ol $an Franclaco v; Trump Frellmlnary .lnluncllon The follprrlng tarm sppllos l0 U6an Area $ecudly lnltlallve lundlng under thls award: Pursuant to the prollmlnary lnjunction oder lasued on Ar,rgust 22, 2025, in City and County of $an Franclsoo, el al. v. Trump, el dl., No. a25cv'01350 (N.0. Gal.), ths lollowlng t6rme and condlllon$ elo not Spply to awards Or subaward$ lssued to any ol tho plalnfife eubJect lo lho prollmlnary lniunctlon order whlle lha ordor romains ln efiocl; (1) paragraph C,X (Oommunloatlon and Cooperatlon wlth tho Deparlmonl ol Homdand $iscurlry and lmmlgrallon Officiale) of iho DHS glandard Tems and Gondltlons and the Agrc€ment Artlcle llllod "Communlcatlon and Coopemton wllh tho Department ot Honrehnd $ecurlty and lmmlgratlon Oficlalel' ln thle awad paokage; (2) paragraph C.)ff1(2XaXlll) (Antl,Dlrcrlmlna{on GrantAwardCertlfrcadon rcgadlng lmmlgratlon) ol the DHB Etandad Terme atd Condtione and paragraph (z)(a)(lll) of lhs Agrc€ment ArlictelltM'Antl-Dltcdmlnatlon" lnlhls awardpackage;and (3) lhe "Utban Area Securlty lniliallve; CompllanCe wlth Fdoral lmmlgrallon Law" Agrooment Arliclo. ll tha prallmlnary lnjunctlon l$$taydd, vacatod, oexdngulshed, lhe "Urban Area Sooutl{ inltlativo; Compllance wllh Federal lmmlgratlon Law" Agrcement ArtlclE wlll lmmediatoly bscomeeffeclivg, Urban Area $ecurlly lnlllatlve: lmpact of Slate of llllnols v. FEMA lnlunctlon The lollowlng term appllesto Urban Area Secudty lnltlatvelundlng underthlsawad: Pursuant to lho mpmorandum andordar lesuod on Ssptamber 2A,20?5,ln $atd ot llllnols, etal. v. Fsdeml Emelgency Management Agency, €t, al, N0.25'206 (D. R.l), tho lollowing l€rms and condltion$ & not apply to arrvards o/ subavvardo l8eu6d to any ol lho plalntllfs subject to lho lnjunstlon order whllo the order mmalne ln efhct (l) pangraph b,X lCommunlcaton and Goopdrallon wlth thq Depaflmonl of Homeland $acudty and lmmlgrafion Oficlals) of tre DH$ StandardTerme and Gordltlon$ andthe Aqr€omont Articls tltlGd "Communlcation and Cooperatlon.wllh the Oopanmflt ol Homeland Security and hmlgratlon Officlals" ln thi* awad packagei (2) paragaph C)ff|(sXaXllD Ontl- Dlscrlmlnatlon Grant Award CGrtlficatlon rcgardlng immlgratlon) of the DHS $landard Terme and Condltlons and paragraph (2xaxlll) ol lhe Agreemenl Adlcle lllled 'Anll' Dlscrlmlnatlon" ln thlsaward package;and ($) the "Urban Arca Securlty lnltiallvo: Compllanca with Federal lmmlgnatlon Lnw" Agreement Article. lf tho lnlunctlOn le slayod, vacaied, or extlngulshed, tho "Urban Area Socurlty lnllialive: Gompllance wlth Federal lmmlgraton Law" Agro€mont Arllcle wlll lmmedlalely becomo €ff€cllve. DHS.FEMA.HSGP-SHSP.FY25 Page 45 of55 Klttltas County, E26-350 Artlole 69 Alilclo70 Arilcle 71 operallon stoneguden: Non-Appllcablllty of $peclfloTerme and Agrssmsnt Aiilcles The lolbdlng term appltei b Operatlon $tonegarden lundlng und6r thls award' Notwlthshndlngthehlndusbh'h thls ar,ranrd package, thelollowingt€msand Agreement ArficloE do not 6pply to thls grant avrnrd: (1) paragrsph G.X (Communicaflon and f,qoperafton wtttt ilre nepardrront ol Homilhnd Secuitty and ImmlOration Otrdals) of tho DHd $andard terme and Condllion8 and the Agreement Ardcle dtled "Communloatlon and iooparatlon wllh tho Depailmont ot Homeland Secullty 4rd lnlqlgrallon Officials" ln ttrts a!,va;d paclrage; and (2) iaragraph C.XUl(2Xa)010 (Anti"Discrimlgtlon.Orant Awad Gertlficatlon regailtng Immlgiatlonl ot Ure DHS Slandad Termsand Gondlilons and paragraph (2xaxlll) ot fte ngHombnt Arllcle titled "Antl-Dlscdminhtlon'ln thls 6ward packago, cummary Desorlptlon ol Arrard and $ubprogramr The purpoee ol ths FY 2025 isgp ts [r support state anrl local gffgrt$ lO provont lerortsm and olher cala$trophlc events and to piepare the Natlon lor lhe throats and hazards that poee the greateBt rl6k t0 lhe securlty of'ttrd Unned $abs. The HSGF provldee lundlng to ltnploment lnv€slmonts inat OuilO, iuetatn, and dolivor the 32 core cababllllies ass€ntlal to aahlwlng the Ndlonal prepareOness eoal ol a secure and rsslll6nl Naffon. Among the five baslc homeland secirrity mlsslons noied ln tha DH$ Quadrsnnlal Homeland Securlty Rovjew, HSGF euppotle the goal to gtrungthon Natlonal Pteparednese and Retlllence. The bulldlng' . euiiafnment,ind dellveryil fresecoru capdbil[les aro not o(clusive to anyclngle lwel ol tO'nrnment, org6illzqtlgt, or oommunlly, 6iut rather, requlru lhe cOmblndd ofiOrt ol tho ilhde communiiy, Thls HSOP award conslete of State Homeland $ecurlty Program (sHsP) fundlns in ihe amount ol s4,962,750, urban Ana $ccurlty lnlttatlve (uAsl) iinotnd ln the dnountol $11,782,120 $eattl6'Taeoma'B€llevue UrbanArea, and Oporation Elonegarden (OF$G) fundng ln thq amount ol $1 '4S5,000, $tFte Hom€land Securlly Plogram: Eenclaslon of Agreement 4rtlqleq Pureuanl io Snate ot llllnol*, et al. ir. FEllA, et al. ln accodance wlth lhe U.$. Dlstrld Gourt lor tre dsUbt ot nhod6 bhnd's Ordor in Stata ol llllnoie, et al. v. FEMA, et al,, No. 25'206 (D. H.l.), dated October 14,N25,and FEMA lnformation Bullofln No.588, thslollowlng ierme dnO condldons arp raaclnded wllh respecl lo tho Slato Homdand Securlty Program lundlrtg under thle award: f , par{graph C.lX (Gommunlcation and Oooparaton wlth the Dopartmentol Horneland Sacurld anU lmmfiratton Offclals) oI the DHS Elandard Teme and Conditlons. i. Rarairapn C.XfircXd$l) 6nnil-Oiscrtmlnatlon Grant Award Certificatlm regardlng immlgrratlon) ol tho DHS Stnndad Terms and Oonditlom. S,T#'Gormmunlcatlonand Gooperatlonwlth'tho Dopartm€ntof Homelard Securltyand lmmlgratlon Oficlale' Agraemont Artlcle. 4. Paiagraph (z)ts)0li) ol ths Agr€elflonl Arllcletltled 'Anfl-Diecdmlnallon". S. ftre'i$tite idnbiaftd Sacurity Rrogram: Compllancewiffr Federal lmmigration Law" Agrcement Arlicle. O.-The "State Hometand Eecurlty Program: lmpact of Shb of llllnols v. FEMA lnjuncllon" Agrsomont Arllcle. ZIThe "State Homeland $ecudty Program: lmpact of San Franclscov. Trump Frellmlnary InJunctlon" Agre$n€nt Artlclo. DHS.FEMA-HSGP.SHSP.FY25 Page 46 of 55 Kittitas County, E26-350 ArtlcleT2 Aillcle73 Artlcle 74 Urban Aren $scurlty lnltlatlvs: Heaclsslon of Agreement Artlcler Pursuant b $rne ot unnolo, ot ilr v. FEMA! ot nl. ln aooordanie wtth lhe U.$. Dl$tdct Courtlortho otErta ot Rhodalsland's Order ln $tate ot llllnols, et al. v' FEMA, el al,, No, 25'206 (D. R.l), dated octobeil|4,2026, and FEMA lnlormatlon Bulletln N0.538, th6 follolvlng tenfis and condltlons are rescindod wlth rosoct to tho Urban Area Secudty lnltlatlvo {unding under thls awad: i. parigraph C.tX (Gommuntcaiion and Cooperatlon with the Defu$gen1.o1 Homdand Securlty anU tmmfr*ton fficlale) ol fie DHB Standard Terme and Conditlons. 2. Panagraph c,xvl(2xaxll) (Anli-Dlscrlmlnatlon GrantAward Gertlfrcatlon regardlng lmmlgratlon) ol ihe DH$ Standatd Torms and oondltlons. S. Thi "Conmunlcatlon 0nd Cooporallon wlth.lhg Department ol Homdand Socurlty and lmmlgraff on Oficlals" Agru€mont Arllcle. 4. Paiagraph (zxaxlll) of thelgreementArticlolltled "Antl'Dl6cdfilnallon". O. The diJr6andiei'sicurity lniilatlve: Compllance wlth Federal lmmlgratlon Law" Agmement Afllch. 6.-The "Urban Area S€cudty Initlative: lmpact of $tate ol llllnols v. FEMA lniuncllon" Agrb€msnt Aflicle. TIThe "Ufian lroa Secudty Inltlatve: lmpact of San Fnanclacov, Trump Prellmlnary lnlunclion" Agreement Artlcle, Amended Perlod of Porformtnoe and Eudgpt Fprlod Pursuantto Slale of illtnoh, et al" v. ]ol8d Noam, et rl. {D.Rl) and strte of lllchlgan 0t al. v. Kdstl ttoom it al. (D.OR). Pursuani to the Perm-ansnt lnlunc{lon Order lssued by ts U.S. Deila Oourttor thd Dbtrlcl ot Rhode leland ln Stalg ot llllnolg et al. v. KtlFll Noom, et al.' No, 1:25-cv-00495, dated Doc€mbsr 22, 2025 and lhe Permangnt lnjuncdon Order t6su€d by lho U,S. bt*tA Cou( lor lhe Dlstrlct ol Oregol ln SlatE of Michlgan, et al. v. lfistl No€m et al., No B:2$cv.020511'AP, dated Dscember 23, 2025, the Agrsement Ardcletllled "Periodot Perlormanceand Budgsl Poriod) of youraward package le rBsclnded. The new Perlod of Pertorrnance and Budgot Porlod for thls award ls $eptember l, 2025 to August 31, 2026. Amendad Award Amount Pulsuantto State Ol llllnols, 6t al. v, Kd$tl Noom' et il. (D,Rl). Fu6uant lo tho Fomanent lniuncllon othr lusygd.ly lho u,8. Dletrlct court lor i\e Diefict of Rhodo lsland ln Stata ol llllnolE, st al. v. Krlfil Noem, et al,, No. 1:25'cv' OO+SS, datsd December 22, 2025, and lnfomatlon Bulletln (lB) 640, the amount.of lundlng awarded bythir FlscalYear2025 Homeland SecurllyGrant Program (HSGP) grant lia* been amirrded to rof€d fie amount sel lorth ln the NoticE of Fundlng bonortunlty dated Auqwt 1,2026, Furthar, the "summary Description of Award and Subprogna;ns" ls ameided to read as follows: The purpoee ol fie FY 2025 HSGF ls to supiort-etate and local €trorls to proysnt t€rrorism and othor caiastrophlc even16 and to pr6iare the Natlon for the threats and hazarde lhat pooe lho grealest dsk to l.ho.seqrltV h dre united Slat€g' The H8GP providae lundhg lo implement lnvostmonls that bulld' $ustaln, and dotlver lhe 32 cOre dapabllldes eeeerdalto achlerlng tha Natlonal . FrepariOnese eoU ol a secure ant reslllsnt Natlon. Among lhe fv.e baelc horyPl"nd sedrfiy mlsstone notsd ln fie DHS Quadrennlal Homsland Securls Revlew, HBGP supporie the goatto $trungthen Natlonal Preparedneesand Reslllence. The hulldlng, euiiainmEnt, ind delivery-ol thess cgro capabllltiss are nol excluolvo to anlt single lwel ol covernmgnt; organlzation, or communily, bul rather, r6qulm the c6mblnod sffort ol lho iltrote comniuniiy. Thle HSGP award cdnelsts of Slato Homolond $ecurlty Progl4m (sHsP) lundlnsin ihe amountot$5,4s3,?[1, Urban Area $ecurlly lnltlatlve (uA$l) iJnUtnd tn tre dnount of $12,713,580 Seat1e'Tacoma-Bd1ewe Urban Arpa, and Operailon Stonegarden (OFSG) funding ln the amount of $l '43$'000' Artlcla 75 Netlonal Prlorlty A]ea Progrnm Hold (3tr61 Gonsletent with tho FY 2025 HSGP NOFO, fto r6clplbil b prohlblted trom drawlng down lunding lor prolecls nesdEd to mest the 30io mlnlmum speriUlng taqulrements for National PrlorityAreae undorthig lward untll oagh prcJect le ievlewed by FEMA/GPD to dstormlno Effoctlvenees. Par lB 650, the aO.Oay paie firough period wlli not bogin for lhese lunde until lhi6 hold ls lilt€d. Law Enlorcement Terollsm Prevenllon Acllvlu6s Plog;im Hold (oli%) Conslstent wlth the FY 2025 H8GP NOFO, lhe mclplent ls prchlbltod firom drawlng down lundlng for orolecte n6€ded to m€€t lhe 35% mlnimum allocation rcqulrsmelrts lor Law Erforcement ierioriem Freventon Prugram Aotlvlile$ (LETPA) under lhle award untll each project ls ravlewed by FEMAGPD io debrmlne allgnment wllh LETPA requlremonts. P_er lB 550' tho /tsday'paFs through poriod wlll noibegh lortheselunds untlllhls hold le lllted' ArllcleT6 DHS-FEMA-HSGP-SHSP.FY25 Page 47 of 56 Kittltas County, E26-350 Obligating document of Actlon a;fun data for or financlal mltment Totals Totals Totals To deecrlbe changes otherthan fundlng data or finanolal chnngee, attach gchedule check hero: ffeld ls not for Agrcomont Reclplent ment 6001096 Type of No. Reclplent Name ond Addrqrs LITARY DEPARTMENT, .leaulng FEMAOffice Fayment Ofiice and Addrces NGTON STATE Programs Dlrectorate Flnanclal MURRY BUITDING 1 MURRAV, WA984III) CSlreet, S.W.Branch DC,20528-C$reel, S.W., -866-927-5646 729 20742 Name of HeclPlent Phone 0. Name of FEMA Frolect Ofiicer Cram SecurityGrant Program 127472 10a. Phone No. 1-877-585- 92.42 '11. Effectlve Date of Thlo Acrtlon 0612612026 12, Method of Payment OTHER. FEMA GO 13. Assletanoe Arrangement cosr HEIMBURSEMENT 14. Performance Perlod 09/01/2025 to 0g/31/2028 Budget Pertod 09/01/2026 to 08ar/2028 Program Name Abbrevlatlon Current Total Arrard Amount Awarded Ihls Aotlon + or (4 TotnlAssl$tance Llstlng No. $0.00 $5,483,241.00 2025-FA- GGOl. P410-xtoot- 4101-D l*r**', ooe7.067HSGP $12,713,580.00$0.00 2095-FA- GHO1 - P410-xm<- 4101-D 12,719,580.0097.067HSGP $0.00 $1,435,000.00 2025-FA- GGOz. P41O-noot- 410'|-D l-' ,435,000,00w.067H$GP $0.00 $19,631,821.00I are not required to sign and return copieS of lhis dooumenl. Howevsr' a copy ol lhls documents lorlhelr records.) reciplents keep (Name and Tltle) Admlnlstrator (Actlnsl Grant Prosrams Slllfiroru Reslllence 8. FEMASIqNATO Gudlnaq Deputy Asslstant DHS.FEMA.HSGP-SHSP-FY2s Page 48 of55 Kittitas County, E26-360 Attachment D-{ Kiftitas County Shertff's Office , SH$P,Endulin$ Secul;ty Needs,(EN). :' ' The State is divided into nine Homeland Secu rity (HLS) Regions wh ich differ in geograPhY (marine to desert), major industry (large business to region develops projects to address their capabilities or to close identified gaps. agricultural), and population (dense urban settings to rural). Each specific risks and hazards which sustain previously built The HLS Regions have identified several key investments that support core_capabilities..throug.h,Planning, organizationl fguipment, Training, and Exeicise activities with a focus to effectively build, sustain, and deiiver capabiliti6s'nccessary to prevent, prepare for, protect against,.and.respond to acts of terrorism. The specific c6re capabilities and- wnit ttre investments will deliver are outlined under each project description. This investment was developed in alignment with the FY 2025 Homeland Security Grant.ltggtg-T Notiee of Funding Opportunity, relevant FEMA guidance, the Washington StateJJrreat and Hazard ldentification and RiskAJsedsment dff lnn) and Stakeholder Preparedness Review (SPR), as well as applicable state and local strategic plans, Allfunding to support emergency communications investments will comply with the SAFECOM Guidance on Emergendy Comrirunications Gr-ants (SAFECOM Guidance) to ensure that federally funded investments are compitinn, interoperable, resilient, and support national goals and objectives for improving emergency communications. SHSP EN: Regio-n 7 - Homeland Security Project This regional iivestment funds salaries, benefits, equipment, supplies, and training support costs (instruclors, travel, supplies, tuition). Homeland Security (HLS) Region 7 is comprised of Chelan, Douglas, Grant, Kittitas, and Okanogan counties. Focus areas include: (1) Support for EOG oPeiations (2) Operational response readiness (3) Special teams' equipment and training Activities may include: - Provide support to EOCs through supplies and equipment - Conduct exercises to test EOC effectiveness - Procure equipment - lnstall equipment for mobile operations response vehicle - Provide specialty teams training - Rent storage unit for emergency response equipment ptanned equipment can be claimed as LETPA as it addresses the core capability of lnterdiclion & Disruption within the Naiional Protection Framework, specifically, the critical task of "lmplement security, protection, resilience, and continuity plans and programs, and training and exercises, and take corrective actions. ". This project sustains and enhances the core capabilities of Operational Coordination, Physical.Protective Measures, and lnterdiction & Disruption. The core capability gaps from the State SPR that will be addressed are: - Lack of funds to support planning - Lack of or inadequit-e special teims' equipment and lack of or inadequate p.hysical protection. - Lack of funds to iupporitraining opportlnities and the need to expand existing training opportunities The State SpR'Approaches for Addressing Capability Gaps and Sustainment Needs" identified the following ways to address the identified gaps: - Establishing dedicated planners DHs-FEMA-Hscp-SHsp-Fy2o page 49 of bb Kittitas County, E26-360 .i! ,l CORE CAPABILITY BEING ADDRESSED Operational Coordination Project Overuiew ffrii pioject funds a secure storage unit for emergency management supplies and response assets, "nrui.insi rapid aecess to critical e-quipment needJd to-support-disaster response, emergency operations, and conti nu ity of services d uring terrorism-related i ncid ents. NEXUS TO TERROR'SM-gr"rg"n.t *rnag"m"nt supplies and response assets are essentialto supporting preparedn.ess and coordinate-d respoirse during ierrorism-related incidents. Secure, centralized _storage elsurgs. these resources are readily "*in6l" for rapid deployment to support incident stabilization, life safety operationd, and multi-agency cobrdination following a tbrr6rist attack. This capability enhances operational readiness an6 strengtflens-the jurisdiction's abilitf to support effective response activities during terrorism-related emergencies. ACTIV1TIES TO BE PERFORMED - enrut" storage of response assets to include emergency management and response vehicle and supplies DESIRED OUTCOMES A secure and readily accessible storage capability that ensures rapid deployment of emergency r"n"ger.nt supplies and response assets to support effective life safety and coordinated response during terrorism-related incidents. SP #2 Regionat TRT (SWAT) Training and Equipmen:t - purchasing necessary equipment to enhance special teams' capabilities.and physical'security capabilities - Supporting training n6eds and expanding training frequency and availability 1$UBPROJECT$,(SP): '',' ' '. I I,..., . : SP #{ Emergenclt Management Storage PLANNING ORGANIZATION SOLUTION AREA EQUIPMENT TRAINING EXERCISE TOTAL SOLUTION AREA PLANNING ORGANIZATION EQUIPMENT TRAINING EXERCISE TOTAL CORE CAPABILITY BEING ^ADDRESSED I nterdiction and Disruption Project Overvlew Thij project supports the RegionalTactical Response Team qlT) capability through specialized training and the jrurcnase of speciaft! equipment. Thesd resources will improve the team's ability to conduct coordinated tactical oieratioirs and respond to critical incidents, including potentialterrorism-related events, under challenging operational conditions. ine negional TRT is a highly trained, specialized law enforcemenl c_apability. responsible for responding to "no r"r6ving high+isk iniiO6nts, including active threats, barricaded suspects, and other complex tactical situations, wftictimay be associated with terrorist activity or violent extremist attacks. ACTIVITIES TO BE PERFORMED - Determine training needs - Schedule training $o.oo $6,924.00 $0.00 $o.oo $0.00 $6,924.00 $0.00 $0.00 $20,000.00 $4,259.00 $0.00 $24,259.00 DHS.FEMA.HSG P.SHSP.FY25 Page 50 of55 Kittitas County, E26-350 - ldentify needs - Purchase equipment DESIRED OUTCAMES A trained and equipped TRT capable of safely responding to high-risk and terorism-related inoidents while protecting life. DHS.FEMA-HSG P-SHSP.FY26 Page61 of66 Klttltas Gounty, E2&350 Attachment D-2 The Subrecipient has not heen allocated Nationat Priortty Project funding underthis Agreement, so there is no associafed Work PIan. D HS.FEMA.HSGP.SHS P-FY25 Page 52 of65 Klttltas Counly, E26-360 Attachment E TITLE SP #1 Emergency Management Storage SP #2 Regional'TRT (SWAT) Tr:aining and Equipme'nt' : TOTAT AG-RE EIYIENT AMq g1t11 EN M&A EN SUBTO.TAL EN INDIREGT 1.:eA;TA I:1., r'..ii,1,-;,-,i AMOUNT TOTAL LETPA $24,259.00 78% of the agreement total TOTAL PERSONNEL $O.OO 0o/o of the agreement total AMOUNT $6,924,00 $24,259,:oO l $0.00 $sl,183.00, i $o.oo DHS.FEMA.HSGP.SHSP.FY25 Page 53 of 55 Klttitas County, E26-360 Attachment F Kittitas County Sherlff's Office Grant Agreement start date Estimated date work scheduled HS'GP Ferfannd'neg Period: Sepfembei 1, 2025, to August 91" 2028 September 1,2025 August 1,2026 Submit Reimbursement Request & Progress ReportApril3A,2027 Submit Reimbursement Request & Progress ReportApril 30,2028 Grant Agreement end dateJuly 31 ,2028 Submit Final Reimbursement Request & Closeout ReportSeptember 14,2028 DHS.FEMA-HSGP.SHSP.FY26 Page 54 of55 Kittltas County, E26-350 Attachment G BUTLD AMERICA, BUY AMERICA ACT SELF-CERTIFICATION The undersigned certifies, to the best of their knowledge and belief, that: The Build America, Buy America Act (BABAA) requires that no federal financial assistance for "infrastructure" projects is pr.ovided "unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States," section 70914 of Public Law No. 117-58, S$ 70901-52. The undersigned certifies that for the lnsert Project Name and Location ihat the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BAtsAA requirements including: 1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, frgm the initial melting stage through the application of coatings, occurred in the United States. 2. All manufactured products purchased with FEMA financial aesistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured produet that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation. 3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. "The [Contractor or Subcontractor], , cedifies or affirms the truthfulness and acouracy of each statement of its certification and disclosure; if any, ln addition, the [Contractor or Subcontractorl understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any." Signature of [Contractor's or Subcontractor's] Authorized Official Enter Name and Title Name and Title of [Contractor's or Subcontractor's]Authorized Official DHS.FEMA HSGP-SHSP.FY2s Page 65 of 55 Kittitas Gounty, E26-350 WASHINGTON MILITARY DEPARTMENT Camp Murray, Waslrington 98430-51 22 P/ease read instructions on page 2 before completing this form' SIGNATURE AUTHORIZAT roN FoRM (SAF) DATE SUBMITTED B lzq lzr"Co toNNAME OF ORGA Ez\o- 3EO s)AGRAM - AcronymsGRA LaSHS? 1. AUTHORIZINGAUTHORITY TITLE & TERM OF OFFICEPRINT OR TYPE NAMEE-SIGNATUREPHYSICAL SIGNATURE 5crv4 2, AUTHORIZED TO SIGN AGREEMENTS / AMENDMENT$ TITLE & TERM OF OFFICEPRINT OR TYPE NAMEE-SIGNATUREPHYSICAL SIGNATURE c c 3,AUTHORIZEDTOSIGNREQUESTSFORREIMBURSEMENT tf TITLE & TERM OF OFFICEPRINT OR TYPE NAMEE-SIGNATUREGNATURE erfQc(H0 of (SAF Revised Page I 1 Washington Milltary Department Contract NumOer:S Debarment, $uspension, lneliglbility or Vol untary Excl us lon s3!lfige!lo11[g;M lnstrucfions For Certlflcation Regardlng Debarment, Suspenslon' lnellglblllty Tier Covered Transactlons and Voluntary Excluslon-Lower By signing and submltting thls proposal, the prospective lowar tler partlcipant ls provlding the certlflcatlon eet out below.z. The cergflcation ln thls clause is a materlal represontatlon of fact upon which rellance was placed when this transacflon was entsred lnto, lf lt ls later oeieimlniio that the prospectlve'lower tier particlpant knowlngly rendered an erroneous certinoatilri-in aooitron to other ;il;Aies &ilantf to ihe Federal Government the department or agency wlth whlch tnis fandciton oirginatec ruy pui.ui-uuaiiante iemeoies, lncludlng ruspenslon and/or debarment' 3. The prospective lower tier participant shail iro;idi-i.*rJrri" wftten notlce t6 tha department, lnstltutton or office to whlch this proposat is submltted lf at any ti,* ll'" prspective lower tier.partlclpant iearns that lts certlficatlon was erroneous when suumltle; or had becom6 erroneoud by ieason of changed clrcumstances. 4. Tho terms covered transaction, debarred,;;#il;d,'lniitgtnLe, loweitler covered transactlon, particlpant' person' prlmaiy covered.transaction, p-rlnclpal, propoiiir, ano votuntirily'eicfudea, as used ln lhlo clause, have the meaning set out in the De16tions and Coverage .uitroni oi iures lmprein"nting eie.,lti.Y? 9t9!I.t2s+g' vou m'ay contact the il,of, il *nl.t tni'i'riri-p;il il;ffiirtgo ror assistance in dbtalning a copy of those regulatlons' b. The prospeclve tower ger parricipant "g-;;;'bi Liumrttitiii !r;is pro'pirsat that,. shouH the proposed oovered transaction be entered lnto, lt shail not rn<iwiiilvint"iliiio anv iowei ttdr covered'traneactlon with a person who is proposed for denarriJni uilhit. ff* rpprr..6id dFn, debarred, suspbnaeo, declared lnellgible, or voluntarily excluded from participation in thts covered tiinsaJiLn'iriir"sr suthbrlieb-bt the department or agency wlth which this transaction orlginated. --^--^-r rh^r rl *rrr rnarrrrra +hro nlsrrcc ti6. The prospecgve tower 1er participant.further agrees by submltting this proposal that it will lnclude thls clause titled ..Gerflftcafion Regarding Debarment, d;p;;;-i;,-inoiiglnrrrty"anu'Voruntary Exclusion-Lower Tler covered Transacflon,,, without modlflcation, ln ail bwdr fler coveredlransaottons and ln ali solicltations for lower tler covered Dolng buslnees as (DBA) Klttltas CountYCounty of Kittltas Federal EmPloYerTax ldentlficatlon #: 91-6001 349 WA Unlform Buslnese ldentltier (UBl) 192-002-673 Appllcable Procuremont or gollcltatlon #, ll any:Ave Suite 105 ADDRESS 205 W sth andtocoIrerequulatlonsTIONCERTIFICATHEBEFORECAREFUnstraneactlocerlaindlrectlylntortlclpatelnpawlthoutmodlllcatlon,certlflcatlontermsthlsofthsbyablde fu Print Name and Tltle: & Flnance Director